Posted On: May 30, 2008

ABA Journal Weekly Newsletter May 30, 2008

Top Stories of the Week:

Layoffs
Sonnenschein Acknowledges Layoffs of 37 Lawyers, 87 Staffers
May 28, 2008, 05:29 am CDT

"Updated: Sonnenschein Nath & Rosenthal is laying off 37 lawyers and 87 staff members, spread across practice groups and offices. Twenty-seven of the lawyers are associates, six are partners and four are of counsel"


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U.S. Supreme Court
Former Child Actor, Now Blind, Will Begin Stint as O'Connor Law Clerk
May 27, 2008, 09:35 am CDT

Education Law
Mom Considers Suit After Class Voted to Expel Her Autistic Son
May 27, 2008, 01:01 pm CDT

Women in the Law
Gender Gap Due, in Part, to 'Ambition Gap'?
May 28, 2008, 04:21 pm CDT

Criminal Justice
NYC Lawyer Charged With Groping 2 Female Attorneys at Office
May 23, 2008, 11:07 am CDT

Legal History
Prof. Names '100 Most Creative Moments in American Law'
May 23, 2008, 01:58 pm CDT

Legal Ethics
Lawyer Suspended for E-Mail Snooping
May 28, 2008, 06:56 am CDT

Legal Ethics
D.C. Area Law Firm Sues Over Outsourced Legal Work, Alleges Privilege Issue
May 23, 2008, 03:38 pm CDT

Posted On: May 30, 2008

New York Unified Court Law Librarian Association Newsletter

May 2008 issue:

The May 2008 Pro Se Newsletter, the newsletter of the New York State Unified Court System Newsletter, is being distributed because it contains at least two articles of possible interest. One article "Web-Based Services at the Supreme Court Criminal Term Library New York County" by me describes various web-based services to improve library service including access to online subscriptions to library materials. This article also mentions the backup support provided by the Public Access Library for public patrons.

A second article by my colleague Julie Gick at the Supreme Court Civil Term Library at 60 Centre St. discusses the use of records and briefs.

Pro Se Newsletter May 2008 of the New York State Unified Court System Librarian Association

Posted On: May 30, 2008

New York: Governor Paterson Defends Recognition of Gay Marriages Elsewhere

New York Governor David Paterson said yesterday May 29, 2008 that in the interests of firness and legal liability he is directing all state agencies to immediately recognize as valid same-sex-marriages solemized outside the State of New York. The Governor said that "if I didn't take this action I would be open to monetary damages and I would be discriminating against individuals who are coming here from other jurisdictions who are allowed the right [to marry] ...and are suddenly denied that right."

Governor Paterson's counsel David Nocenti prepared a memorandum dated May 14 in which he advised counsels of all state agencies in which he warned that agencies could be exposing themselves to legal liability if the Governor's directive is not followed.

To see Mr. Nocenti's May 14 memorandum click on the link below:

May 14 Memorandum on Same-Sex Marriage

Posted On: May 29, 2008

New Publications from Thomson West - Criminal Law and Procedure

May 2008

Product Media List Price
Gillespie Michigan Criminal Law and Procedure: Search and Seizure, 2008 ed. - NEW
Analyzes Michigan search and seizure law in light of the Fourth Amendment. $132.00

Gillespie Michigan Criminal Law and Procedure with Forms: Practice Deskbook, 2008 ed. - NEW
Quickly locate pertinent Michigan criminal law, including statutes, and court rules. $258.00

Baldwin's Ohio Practice, Ohio Criminal Laws and Rules, 2008 ed. (Baldwin's Ohio Practice) - NEW
This compilation provides a comprehensive criminal law reference for use in court, office, classroom, or police cruiser. $159.00

Iowa Criminal Law and Rules, 2008 ed. - NEW
This product contains text of relevant code provisions and state court rules pertaining to criminal acts, procedure, and corrections. $104.00

Courtroom Handbook on Federal Evidence, 2008 ed. - NEW
Handbook gives you correct answers to your evidentiary questions the first time and every time. $107.00

Florida Evidence, 2008 ed. (Vol. 1, Florida Practice Series) - NEW
This title provides an inclusive evidence manual for use in Florida courts. $188.00

Criminal Law: Statutory Charges, 2008 ed. (Baldwin's Ohio Practice) - NEW
Get the statutory language you need for Ohio criminal cases in one portable reference. $96.00

Federal Postconviction Remedies and Relief Handbook, 2008 ed. - NEW
Provides an extensive review of federal statutory postconviction remedies. $143.00

New Jersey Code of Criminal Justice and Motor Vehicle Laws with Related Statutes and Court Rules, 2008 ed. - NEW
This title compiles New Jersey’s statutes and rules relating to criminal law in one take-along pamphlet. $98.00

Illinois Court Rules and Procedure, Vol. III-Rules of the Circuit Courts, 2008 ed. - NEW
This pamphlet contains all rules of the Rules for Cook County and the 1st through 21st Circuit Courts in Illinois. $114.00

West's® Illinois Vehicle Code, 2008 ed. - NEW
A portable volume of Chapter 625, Illinois Compiled Statutes. $59.00

Massachusetts Criminal Law & Procedure, 2008 ed. - NEW
This work contains the complete, unannotated text of Criminal Laws in Massachusetts. $78.00

Illinois Criminal and Motor Vehicle Law, 2008 ed. - NEW
This work contains criminal and motor vehicle codes, as well as related practical laws relevant for law enforcement officers. $76.00

Ohio Arrest, Search and Seizure, 2008 ed. (Baldwin's Ohio Handbook Series) - NEW
A thorough, practical guide to the law of search and seizure, interrogation and confession, and pretrial identification.

Posted On: May 29, 2008

Chorley Lecture 2008: Self-Subservice Justice: Contingency or Transcendence Formula of Law?

CHORLEY LECTURE 2008

The 37th of a series of annual public lectures given under
the auspices of The Modern Law Review, in honour of the late
Lord Chorley of Kendal

GUNTHER TEUBNER
University of Frankfurt Professor of Private Law and Legal Sociology
London School of Economics Centennial Visiting Professor

Self-subversive Justice:
Contingency or Transcendence
Formula of Law?

Wednesday 11 June 2008 at 5.30pm
in the Shaw Library, London School of Economics & Political Science

The Chair will be taken by Professor Hugh Collins

Admission Free

The London School of Economics and Political Science
Houghton Street, London, WC2A 2AE

For details of the full range of scholarly activities offered by
The Modern Law Review visit www.modernlawreview.co.uk

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Posted On: May 29, 2008

Recent Publications Announced by William S. Hein and Co. May 2008

REFLECTIONS OF A LAWYER'S SOUL

The Institutional Experience of Professionalism at
Thomas M. Cooley Law School

Edited by

Amy Timmer & Nelson Miller

"Professionalism is, as the title suggests, a reflection of the lawyer's soul. It suggests a self-reflective and transformative way of examining and shaping the professional identity, consciousness, conscience, and confluence of mind, habits and other attitudes and activities that make a lawyer's whole." - Foreword

T"he editors of this work and other professionals at the Thomas M. Cooley Law School wanted to evaluate and describe Cooley's professionalism efforts in a series of introductory monographs, in order to share those efforts with the law school community as well as with lawyers, judges, bar leaders, alumni, law students, other law schools, and prospective law students.

The recent Carnegie Report on legal education, "Educating Lawyers: Preparation for the Profession of Law," stresses that law schools do a good job of imparting analytical skills to their students, but often fall short in teaching them ethics, a sense of justice and professionalism. The study concluded that "law schools need to do a better job integrating the teaching of legal doctrine with a much stronger focus on helping students develop practical 'lawyering' skills and understandings of ethical and moral considerations."

The editors claim that the Carnegie Report is at the forefront of that professional education reform movement, and that what it loudly declares should be done, is being done at Cooley Law School.

This book is divided into six parts. Part I, Vision, shows how a law school's history, mission, and vision can be translated into shaping the school's overall culture of professionalism. Part II, Knowledge, addresses how the knowledge dimension of a law school program, as fixed and stolid as legal doctrine might be assumed to be, can yet be influenced in different ways by aspects of a professional culture. Part III, Skills, addresses the skills dimension of the legal education program.

Part IV, Ethics, analyzes the ethics or professional identity dimension of the legal education program. Part V, Assessment, looks into the assessment of a law school extra-curricular program from the standpoint of professionalism measures. And lastly Part VI, Future, concludes the book with a look forward at the community stewards the law school hopes to produce."

1 volume..............................................$69.95
Item: 63832 ISBN: 978-0-8377-1853-2
Pages: xviii; 393
Published: Buffalo; William S. Hein & Co., Inc.; 2008


CONGRESS AND SPORTS AGENTS:

A Legislative History of the Sports Agent
Responsibility and Trust Act (SPARTA)


Edited by
Edmund P Edmonds, William H. Manz and Thomas J. Kettleson


In 1996, people across the country fell in love with Tom Cruise as the idealistic, hardworking sports agent, Jerry McGuire. He believed in his athletes and struggled tirelessly for their success. Unfortunately not all sports agents are as likeable as Jerry McGuire.

Today, there is a common perception of sports agents as unscrupulous, unethical, self-interested and dishonest, doing anything and everything to sign the next star athlete. Money, cars, jewelry, loans, parties or anything imaginable is offered by some sports agents to the student-athlete in
order to entice that professional prospect to sign with that particular agent. These types of
activities can have dire consequences on the athlete, who might lose their college eligibility, scholarships, money and credibility. In recent years, Congress has grown concerned over the
deceptive and unethical treatment of amateur athletes by sports agents.

Although a majority of individual states have adopted legislation directed toward the conduct of sports agents, the federal government found it necessary to enact Public Law 108-304, the Sports Agent Responsibility and Trust Act (SPARTA). Congress has recognized that many acts of sports agents go unpunished because of disparate, ineffective, or in some cases, a complete absence of state laws. This volume offers readers the legislative history of SPARTA. Copies of the law, reports, hearings, related bills and hearings are included in this work as well.

An additional feature of the set is an appendix containing state legislation in this area. The
Appendix includes the language from each specific state that enacted the uniform act while also including those acts from legislatures who charted their own course.


1 volume................................................................................................$95.00
Item: 64504; ISBN: 978-0-8377-1623-7; Pages: 828p.
Published: Buffalo; William S. Hein & Co., Inc.; 2008
HEIN'S SPORTS LAW LEGISLATIVE HISTORY SERIES, NUMBER 3

Posted On: May 29, 2008

Directory of European Union Information Sources

Published by Routledge, Taylor and Francis Group:

The Directory of EU Information Sources

"This is a new seventeenth edition of The Directory of EU Information Sources. It brings together a broad range of information sources, comprising not only the various constituent institutions of the European Union, their personnel, publications, information websites and representations in Europe and the rest of the world, but also diplomatic representation in Brussels, European-level trade and professional associations and NGOs, consultants and lawyers specializing in EU affairs, press agencies, EU grants and loans programmes, and universities offering courses in European integration."

According to the publisher this is the most comprehensive compilation of contacts and published information on the European Union, providing details of over 12,500 information sources.

April 2008: 279x211: 572pp
Hb: 978-1-85743-460-6: £260.00

Posted On: May 29, 2008

Recent ABA Book Publishing Announcements May 2008

Never Enough: One Lawyer's True Story of How He Gambled His Career Away

By Michael J. Burke

"I heartily recommend this book for every lawyer in America and to anyone whose life is being sadly touched by a loved one undergoing an addiction of any kind."
--John W. Reiser, President, Washtenaw County Bar Association, Ann Arbor, Michigan"

"Never Enough is the shocking, true story of Michael J. Burke, who went from being a successful lawyer, loving father and husband, and respected member of his community to a closet alcoholic and gambling addict to the tune of $1,600,000, using client's trust account funds. It’s is a succinct, powerful book that will open your eyes to the reality of gambling and alcohol addiction and what it can do to any professional's life -- even in the happiest and most successful of situations."


e-Discovery: Current Trends and Cases

By Ralph C. Losey

"Written in a clear, engaging style, Ralph Losey blends discussion of electronic discovery practice, case law, and issues into a concise and useful work. A must-read for the attorney new to e-discovery seeking a trustworthy mentor as well as to the experienced practioner seeking to deepen their knowledge."
--Jim Barrick, President & CEO, Control Discovery, Inc.


"From the basics of e-discovery, to chapters on metadata, ESI, ethical standards, and the new federal rules of civil procedure, readers of all levels of expertise will find useful information. It includes in-depth, authoritative legal analysis and practical advice, not only explaining the legal issues, but also the technologies behind the issues. It is also the first book on e-discovery to include the opinions and analysis of many leading experts in the field, not just those of the author."


Creating Winning Trial Strategies and Graphics

By G. Christopher Ritter

"From how the rules of evidence apply to trial graphics and what kind of graphics work best, this 4-color, best-selling guide takes you step-by-step through the graphics process--steps you can follow to simplify your case by filtering out what is distracting or unimportant. The process also clarifies and develops essential themes and other tools that jurors need so they can effectively evaluate, retain, and understand complex issues--making it more simple to convey information in an organized, clear, and convincing manner. "



Posted On: May 29, 2008

Virginia v. Moore

From: Findlaw Breaking Documents May 28, 2008;

Suspect's Constitutional Rights Not Violated, Even If Prohibited By State Law

VIRGINIA V. MOORE

"(U.S. Supreme Ct., April 23, 2008) - Police did not violate a suspect's Fourth Amendment rights when they made an arrest based on probable cause but prohibited by state law, or when they performed a search incident to the arrest."

Posted On: May 29, 2008

Victor Dimaio v. Democratic National Committee and Florida Democratic Party

From: Findlaw Breaking Legal Documents, May 28, 2008.

Presidential Election Litigation

VICTOR DIMAIO V. DEMOCRATIC NAT'L COMMITTEE AND FLA. DEMOCRATIC PARTY

"(U.S. Dist. Ct., Mid. Dist. Fla., May 28, 2008) - A federal court dismissed a lawsuit filed by a Florida voter who was upset that his vote in the state's primary would not count because the Democratic National Committee chose not to accept votes from early primaries in Florida and Michigan."

Posted On: May 28, 2008

Report: 2008 Internet Security Trends

"For a time, security controls designed to manage spam, viruses, and malware were working. Loud, high-impact attacks abated. But, as a result of this success, the threats they protected against were forced to change. In 2007, many of these threats underwent significant adaptation. Malware went stealth, and the sophistication increased."

Computerworld Resources, May 26, 2008

To highlight and address these threats and related issues in 2008 and to offer suggestions as to how to cope with them, Cisco and Ironport, two specialists in these areas, have recently published a comprehensive report: 2008 Security Trends: A Report on Emerging Platforms for Spam, Viruses, and Malware.. According to the Introduction to the Report: "This report is designed to help highlight the key security trials in 2008 and suggest ways to defend against the sophisicated generation of internet threats certain to arise in the future."

2008 Internet Security Trends: A Report on Emerging Platforms for Spam, Viruses, and Malware

Posted On: May 28, 2008

John Baldoni: Don't Lead With Your Ego

"A big ego can be a bad thing when it comes to leadership. Here's how to keep yours from getting in the way"

To see John Baldoni's complete May 21 posting on the CIO Insider Newsletter, click here.

Posted On: May 28, 2008

ABA Judicial Division: Annual Meeting Highlights

Early bird Registration: Friday, May 30, 2008, 5:00pm CDST.

Advance Registration and Housing Deadline: Tuesday, July 8, 2008, 5:00pm CDST.

Justice Center activities will take place at the Marriott Marquis Hotel unless otherwise noted.

Judicial Division Gala, Friday, August 8, 2008 from 6:00pm - 8:00pm at the New York Yacht Club.

The event is currently sold out. More tickets may become available closer to the meeting and/or onsite in New York. If more tickets do become available, they will ONLY be sold through Experient. Please check with Experient at the end of July or check the ABA Ticket Desk when you arrive in New York.

2008 John Marshall Award will be presented to Honorable Deanell Reece Tacha.

Colonel Linda Strite Murnane to receive 2008 Margaret Brent Women Lawyers Achievement Award.

Posted On: May 28, 2008

American Libraries Direct May 21, 2008

News and Views from the American Library Association (ALA):

Libraries toppled in devastating Chinese earthquake

The 7.9-magnitude earthquake that struck Sichuan Province in western China on the afternoon of May 12 killed more than 40,000 people and left another 5 million homeless. In the week after the quake, the Library Society of China posted information on damage to libraries in the region on its Chinese-language website. The library building in Beichuan County collapsed, burying five staff members under the debris, but all were rescued after being trapped for more than 70 hours. The Chinese American Librarians Association has set up a website for donations to support earthquake recovery efforts in China

Library advocates converge on the Capitol

More than 400 librarians and library supporters converged on Washington, D.C., May 13–14 for ALA’s 34th annual National Library Legislative Day. They came from as far away as Hawaii and from a variety of libraries to lobby their members of Congress on such issues as copyright, telecommunications, and funding. “Vote for Libraries!” was the message of the day and the enthusiastic crowd set out to bring that message to their senators and representatives.

Become an Emerging Leader
ALA is now accepting applications for the 2009 class of Emerging Leaders. The program is designed to enable more than 100 new librarians to get on the fast track to ALA and professional leadership. Participants are given the opportunity to work on a variety of projects, network with peers, and get an inside look into ALA structure and activities. The deadline to apply is July 31.

Demystifying Library Standards webinar

The National Information Standards Organization and ALCTS have announced the first in a series of webinars on standards in the library environment. “Demystifying Library Standards,” which takes place 1 p.m. to 2:30 p.m. on June 18, will focus on placing standards in context. The speakers will address why standards are important to libraries and not just in the traditional technical services areas.

Vermont enacts library confidentiality bill

On May 13, Vermont Governor Jim Douglas signed into law “An Act Relating to the Confidentiality of Library Patron Records” (S. 220), to take effect July 1. The bill specifies that libraries are not to release patron circulation records unless there is a court order. Another exception is made for requests from parents of children younger than 16. A patron whose records have been wrongly disclosed may now bring a civil action against the library....
Vermont Library Association, May 14

Arrest made in 1994 library theft

A 70-year-old Indiana man was arrested May 19 in connection with the 1994 theft of valuable artwork from the Transylvania University library in Lexington, Kentucky. Eugene C. Zollman, described as a significant Jefferson Davis collector, is accused of stealing documents of the former president of the Confederate States of America valued in excess of $15,000, the U.S. attorney’s office said. Investigators say Zollman recently tried to auction the documents online....
Lexington (Ky.) Herald-Leader, May 21


Google and OCLC to link digitized books

OCLC and Google have signed an agreement to exchange data that will make it easier to find library collections on the Web through Google search services. OCLC member libraries participating in the Google Book Search will be able to share their WorldCat-derived MARC records with Google. Google will link from Google Book Search to WorldCat, which will drive traffic to library OPACs and other library services....
OCLC, May 19

Alarming open source security holes

Simson Garfinkel writes: “Back in May 2006, a few programmers working on an open source security project made a whopper of a mistake. Last week, the full impact of that mistake was just beginning to dawn on security professionals around the world. We now know that two changed lines of code have created profound security vulnerabilities in at least four different open source operating systems, 25 different application programs, and millions of individual computer systems on the internet.”...
Technology Review, May 20

To see the entire issue of the May 21, 2008 issue of American Libraries Direct, click here.

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Posted On: May 23, 2008

Law Librarian Receives Award for Distinguished Service

At a ceremony on May 21, 2008 at the New York Supreme Court Criminal Term New York County, David Badertscher Principal Law Librarian was presented a Distinguished Service Award for his years of "dedicated service to the Unified Court System.".

Posted On: May 23, 2008

State Security Breach Notification Legislation: State Laws Chart

The following link is to a Chart prepared by Perkins Cole to provide information regarding information security breach notification legislation which has been enacted in U.S. jurisdictions. It has been updated to May 14, 2008:

Chart indicating state-by-state legislation relating to information securirty breach notification as of 5-14-08


Posted On: May 23, 2008

Recent ABA Publications and Book Announcements

The FTC Franchise Rule: Analysis and Commentary

Susan Grueneberg and Ann Hurwitz, Editors

Available at the end of May!

"The FTC Franchise Rule: Analysis and Commentary is an analytical tool and comprehensive, practical guide for franchise law practitioners, including "old hands" and those who are new to the practice of franchise law. It serves not only as an important resource for understanding the provisions of the Amended Rule, but also places the changes into perspective against previous federal, and current state, franchise regulation. It examines the changes to the Rule, gives reasons for some of the more important changes, and offers practical tips practitioners may use in understanding and applying the Amended Rule."

Product Code: 5620125
Regular Price: $165.00
Section Member Price: $135.00 ©2008
7 x10 - Loose-leaf w/binder
372 pages

Antitrust Handbook for Franchise and Distribution Practitioners

Co-published by the Forum on Franchise and Section of Antitrust Law

"Organized by issue--pricing and advertising, customer and territorial restrictions, exclusive dealing, purchasing constraints, and joint franchisee action--to enhance its usefulness to practitioners, this book will prove an invaluable aid to practitioners advising clients on antitrust issues involved in franchising, whether they are selling through a business format or product distribution franchise."

Product Code: 5030510
Regular Price: $169.00
Forum and Section Member Price: $139.00 ©2008
6 x 9 - Paper
250 pages

Franchise Desk Book: Selected State Laws, Commentary and Annotations, Second Edition

W. Michael Garner, Editor
"Franchise Desk Book is your primary reference to the text of generally applicable franchise registration, disclosure and relationship statutes and accompanying regulations. You'll benefit from the expert commentary on franchise statutes and cases that provide you with a look "behind the scenes" with respect to the covered state's laws. In addition, this manual includes annotations of reported and unreported cases that are arranged and keyed to topics that franchise lawyers need and can understand, such as franchise fees, exemptions from registration and more."

Product Code: 5620123
Regular Price: $325.00
Section Member Price: $295.00 ©2008
7 x10 - Loose-leafe w/binder
2 volumes, 1,800 pages

Federal Administrative Procedure Sourcebook, Fourth Edition 2008

William F. Funk, Jeffrey S. Lubbers, Charles Pou, Jr., Editors

"Federal Administrative Procedure Sourcebook, Fourth Edition provides access to and explanations of the key procedural laws and presidential directives that apply across-the-board to federal agencies. It contains all the significant statutes, Executive Orders, memoranda, and other materials relating to the major aspects of administrative law and regulatory practice. In addition to the primary sources, this volume includes pertinent legislative history, bibliographies of related sources, and the editors' insightful commentary on each of the source documents. It also includes the Attorney General's Manual on the APA."

"This new edition of the Sourcebook reflects dozens of statutory and regulatory changes since the first three editions were published and contains new chapters dealing with several statutes and other authorities that were not covered previously. These include the E-Government Act of 2002 and the Information Quality Act. This completely up-to-date resource also includes the important amendments to Executive Order 12,866 and the major December 2007 amendment to the Freedom of Information Act."

2008 6 x 9 1,172 pages paper
$79.95 Regular price
$49.95 Section of Administrative Law and Regulatory Practice member price


e-Discovery: Current Trends and Cases
By Ralph C. Losey
"Written in a clear, engaging style, Ralph Losey blends discussion of electronic discovery practice, case law, and issues into a concise and useful work. A must-read for the attorney new to e-discovery seeking a trustworthy mentor as well as to the experienced practioner seeking to deepen their knowledge."
--Jim Barrick, President & CEO, Control Discovery, Inc.


"From the basics of e-discovery, to chapters on metadata, ESI, ethical standards, and the new federal rules of civil procedure, readers of all levels of expertise will find useful information. It includes in-depth, authoritative legal analysis and practical advice, not only explaining the legal issues, but also the technologies behind the issues. It is also the first book on e-discovery to include the opinions and analysis of many leading experts in the field, not just those of the author."


Posted On: May 23, 2008

2008 Annual Margaret Brent Women Lawyers Achievement Awards Luncheon

The ABA Comission on Women in the Profession will be holding the 18th annual Margaret Brent Awards luncheon on August 10th in New York, NY:

2008 Honorees:

Hon. Ruth Cooper Burg, Judge (Retired), Armed Services Board of Contract Appeals, Washington, DC

Roberta Karmel, Centennial Professor of Law, Brooklyn Law School, New York, NY

Colonel Linda Strite Murnane, USAF (Retired), Senior Legal Officer, International Criminal Tribunal for the Former Yugoslavia, The Hague, The Netherlands

Mary Jo White, Partner, Debevoise & Plimpton, LLP, New York, NY

Hon. Ann Claire Williams, Circuit Judge, U.S. Court of Appeals for the Seventh Circuit, Chicago, IL

Special Award: Sarah Weddington, Adjunct Professor, University of Texas at Austin, Austin, TX

Posted On: May 23, 2008

ABA Journal Weekly Newsletter May 23, 2008

TOP STORIES:

Legal Ethics
U of C Law Grad Accused of Submitting Phony Grades to Sidley Austin
May 20, 2008, 03:30 pm CDT
"A lawyer who attended the University of Chicago Law School has been accused in an ethics complaint of lying about his grades when he applied for a summer position at Sidley Austin."

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Careers
'Lawyer' Ranks 6th of Best Jobs for Introverts
May 19, 2008, 05:21 am CDT

Family Law
State Wrongly Removed 400 FLDS Kids, Texas Appeals Court Says
May 22, 2008, 12:38 pm CDT

Lawyer Pay
Lawyers Rank 17th on Forbes List of Top-Paying Jobs
May 19, 2008, 05:49 am CDT

Layoffs
Holland & Knight Lays Off 70 Legal Secretaries
May 21, 2008, 05:51 am CDT

Attorney Fees
Dickstein Contingent-Fee Payout Could Be $600K Per Partner
May 20, 2008, 06:08 pm CDT

Lawyer Pay
Real Estate Firm Cuts Lawyer Pay by 12 Percent
May 20, 2008, 06:20 am CDT

Attorney Fees
Partners Feud Over $103M Payday at Heins Mills in Minn.
May 19, 2008, 11:21 am CDT

Executive Branch
Supreme Court Shot for Hillary Clinton?
May 21, 2008, 07:36 pm CDT

Legal Ethics
2 Texas Judges Warned About Slavery Talk, Buttocks Slap
May 22, 2008, 01:47 pm CDT

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In The Magazine

Ethics
Judging the Judges
"New procedural rules for judicial misconduct cases will apply in all federal circuits."

Posted On: May 23, 2008

Witt v. Department of the Air Force: Don't Ask, Don't Tell

From: Findlaw Opinion Summaries May 21, 2008.

Fed. Appeals Court Rules Strict Scrutiny Applies in "Don't Ask, Don't Tell" Cases

WITT V. DEP'T OF THE AIR FORCE

"(U.S. 9th Cir., May 21, 2008) - In a suit brought against the Air Force challenging the 'Don't Ask, Don't Tell' (DADT) policy after plaintiff was suspended from duty as an Air Force reservist nurse because of her sexual relationship with a civilian woman, dismissal of the suit for failure to state a claim is reversed in part where: 1) the DADT, after Lawrence v. Texas, 539 U.S. 558 (2003), must satisfy an intermediate level of scrutiny under substantive due process; and 2) such inquiry requires facts not present on the record before the circuit court."

Posted On: May 23, 2008

AM Council of the Blind v. Paulson

From: Findlaw Opinion Summaries May 20, 2008.

Court: Paper Money Discriminates Against Blind Users

AM. COUNCIL OF THE BLIND V. PAULSON
(U.S. D.C. Cir., May 20, 2008) - "In a 2-1 majority opinion, a federal appeals court ruled that the U.S. Treasury Department's continued use of paper money discriminates against blind users by denying them meaningful access to currency, as well as 'facially reasonable accommodations that are feasible and efficacious,' which would enable non-sighted users access to it."

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Posted On: May 19, 2008

New York Senate Bill S7995 Would Limit Office Of Court Administration (OCA) Use of Court Recording Devices

"Legislation being carried by the chairman of the [New York] state Senate's Judiciary Committee would set limits on the Office of Court Administration's now unfettered authority to allow the mechanical recording of proceedings in any state courts in New York...."

To see complete article, New York Senate Bill S7995 and Sponsor's Memorandum Click here

From: Stashenko, Joel. "Senate Bill Would Limit OCA's Use of Court Recording Devices," New York Law Journal. (May 19, 2008). p. 1,8.

Posted On: May 16, 2008

Tip: Three Ways to Cut and Paste From Word to Wordperfect

Some of us in "Wordperfect shops" are always looking for ways to cut and past from Word to Wordperfect. Yesterday I came across the following tip from Charles T. Lester Jr. He was responding to a question on TechnoLawyer--Answers to Questions http://www.technolawyer.com:

QUESTION:.

"My problem with WordPerfect is that when I cut data from a Word doc and paste it into a WP doc I seem to get equal parts type and Word-inserted codes. Can I accomplish a Word to WP cut and paste without all the garbage? If not, what's the quickest way to delete all the garbage? Thanks."

RESPONSE
:

Several different ways, all ending up with the same result. (This explanation is done with Word 2003, WordPerfect X3, and Windows XP.) YMMV.

Step 1: Copy the stuff from Word. This is probably preaching to the choir, but to copy, highlight the text you wish to copy, and then do any one of the following five things: (1) right click and select "Copy"; (2) click the copy icon on the toolbar at the top of Word; (3) press the Alt key, type the letter E (for Edit), then type the letter C (for Copy); (4) click "Edit" on the Menu Bar, then click "Copy" in the drop-down menu that appears; or (5) hold down the Ctrl key and type the letter C.

Step 2: Paste the text into WordPerfect. Switch to the WordPerfect window, and one of the following three things: (1) press the Alt key, type the letter E (for Edit), then click "Paste Special"; (2) click Edit on the menu bar at the top of the screen, then click "Paste Special". In either case, you will get a pop-up box that will ask you how you want to paste it. This may be populated with as few as two, or as many as five or six different options, depending upon the source of the copied text. I usually select "Unformatted Text" to get the result without formatting codes.

I said there were three things you could do. That's because the third method is usually the easiest, and often the most useful.

The third method is to right click in the WordPerfect window. If you do that, you get a window that pops up with several different paste options: "Paste", "Paste without Font/Attributes", and "Paste Unformatted Text". "Paste Unformatted Text" gets you to the same place that the previously mentioned methods 1 and 2 do, just a bit quicker.

Oftentimes, however, "Paste without Font/Attributes" gets me closer to the result I'm actually looking for: it keeps my current font, but preserves things like hyperlinks and alignment.

Charles T. Lester, Jr.
Attorney at Law
P.O. Box 75069
Fort Thomas, KY 41075-0069


Posted On: May 16, 2008

Electronic Hein Sites 05-16-08

Dahl's Law Dictionary: French-English
Third Edition
By: Henry Saint Dahl & Tamera Boudreau

"The newest edition of this exceptional tool for legal professionals is now available! Dahl's Law Dictionary links two separate languages and two diverse legal systems, assuring that attorneys never use the wrong name or term. The third edition of this annotated legal dictionary provides words and phrases in English with the French translation and, in French with the English equivalent."


Bilateral Free Trade Agreements
By: William H. Manz

"In order to expand the scope of free trade beyond NAFTA, the Bush Administration has concluded several NAFTA-like bilateral free trade agreements with nations outside North America and is currently negotiating several others. Hein's 11-volume compilation contains the final acts, congressional debates, reports, hearings, and related materials for free trade agreements with Israel, the West Bank and Gaza, Jordan, Singapore, Chile, and many more."


Introduction to Design for Law and Other Academic Libraries:
Reflection and Change
Second Edition
By: Stephen G. Margeton

"This new edition from Hein contains 29 chapters and eight appendices devoted to the construction and redesign of libraries. The author covers everything from needs assessment; design development; construction documents; mechanical, electrical and acoustical needs; to furniture, displays and exhibits."


Federal Income Taxation of Business Enterprises
Cases, Statutes, Rulings
By: Richard Westin & Richard Beck

"This new Vandeplas publication covers the basics of the federal income taxation of partnerships and corporations, including the taxation of LLCs, LLPs and S corporations. In addition, it includes a short list of other business enterprises. It is designed to be taught as two major components: partnerships and corporations."


Law on Product Quality Control and Product Liability in China
By: Jiansheng Li

"This is the first English-language text to introduce and discuss the laws, regulations and cases in China concerning product quality control and product liability. Jiansheng Li provides a comprehensive introduction to the legal system of the People's Republic of China regarding product quality control and product liability, including its historical evolution and current status."
____________________
For more information go to William S. Hein & Co. Inc.

Posted On: May 16, 2008

ABA Journal Weekly Newsletter May 15, 2008

Top ten stories:

Family Law
Wife Sues Husband for Share of Secret $600K Lottery Win
May 12, 2008, 02:29 pm CDT
"It was a secret that surely could not be kept for long. But Arnim Ramdass allegedly tried. The airline mechanic, 52, disconnected the phone line at home and forbade his stay-at-home wife, Donna Campbell, 48, to watch television, Campbell claims in a lawsuit"


--------------------------------------------------------------------------------

Lawyer Pay
Recent Law Grad Got $3M Bonus, Plus Porsche, in Fen-Phen Case
May 15, 2008, 01:12 pm CDT

Constitutional Law
California Supreme Court Strikes Down Gay Marriage Ban
May 15, 2008, 12:25 pm CDT

Layoffs
Lawyers 'in the Middle' at Most at Risk of Firings
May 12, 2008, 06:08 am CDT

Careers
Lack of Work for Summer Associates?
May 13, 2008, 01:01 pm CDT

Legal Ethics
Judge Suspended for Inappropriate, Joking Comments
May 14, 2008, 06:51 am CDT

Judiciary
Judge Advises Colonoscopy-Averse Lawyers to 'Get Over It'
May 13, 2008, 08:20 am CDT

Outsourcing
Indian Lawyers Handling Outsourced Work Do More Than Document Review
May 12, 2008, 07:03 am CDT

Legal Ethics
Toronto Abuzz About Partner Fired From Local Dorsey & Whitney Office
May 14, 2008, 11:39 am CDT

Attorney Fees
Jury Rules Lawyer Must Return Half of $200K Bonus Paid by Client
May 15, 2008, 06:55 am CDT


Posted On: May 16, 2008

California Supreme Court: In Re: Marriage Cases

From: Breaking Documents, Findlaw May 15, 2008.

California Supreme Court Overturns Gay Marriage Ban

IN RE: MARRIAGE CASES

"(Calif. Supreme Court, May 15, 2008) - California's highest court rules that the state's treatment of same-sex couples differently by failing to designate a gay or lesbian couple's official union a 'marriage' instead of a 'domestic partnership' violates the California Constitution".

Posted On: May 15, 2008

Harvard Law School Faculty Approves Open Access Policy for Scholarly Publications

The May 13, 2008 issue of the Library Journal Academic Newswire reports that Harvard University Law School (HLS) has adopted an open access policy for making its scholarly publications available online. Quoting from the Academic Newswire report:

"The Harvard University Law School (HLS) faculty last week followed the lead of their colleagues in the Faculty of Arts and Sciences by voting unanimously to make their scholarly articles available online for free, making HLS the first law school to commit to a "mandatory open access policy" via an institutional repository. "

"Under the new policy, HLS will require that articles authored by its faculty members be placed in an online open access repository. The measure comes just months after the Harvard FAS approved its landmark mandate, after which, university librarian Robert Darnton, an architect of the policy, said he would be talking to Harvard's professional schools immediately about adopting similar measure. HLS is the first professional school at Harvard to approve the measure. "That such a renowned law school should support Open Access so resoundingly is a victory for the democratization of knowledge," Darnton said."

What does this mean for us?

According to a posting on Et Seq. The Harvard Law School Library Blog:

"What does it mean for you? Well, in essence, Harvard law faculty members’ new publications will be available for non-profit, research use to anyone who can access the internet. (Unless the faculty member chooses to opt out of the system, which the policy gives the faculty member the right to do.) "

For a law librarian such as myself who devotes a considerable amount of his time searching for scholarly papers needed to help support the work of judges and others, this is indeed wonderful news. I only hope that in actual fact the access is truly open to all researchers, both educators and others who seek to use this material for non-profit research. At any rate Harvard Law School is to be commended for taking the lead among law schools in this initiative. Let's hope other law schools will follow.


Posted On: May 15, 2008

AALL Presents the Joseph L. Andrews Bibliographical Award to Edward Grosek*

AALL presents the Joseph L. Andrews Bibliographical Award to Edward Grosek for his work, The Secret Treaties of History. As the title states, the book indexes treaties that nations entered into secretly. Some treaties trace back as early as 499 A.D. The result of the longtime effort of Grosek, this work includes 110 nations involved in secret treaties. The book annotates 973 secret treaties and includes an annotated bibliography, as well as an important country index. It is a unique resource that researchers in a variety of disciplines—from history to law to political science—can use.

Grosek is currently associate professor at Northern Illinois University and is in charge of the United Nations collection at the Founders Memorial Library. He has published a number of articles on government information.
______________________________________
"From: Ann Fessenden, AALL President, May 15, 2008.

Posted On: May 15, 2008

In Memory of Professor Roy M. Mersky

It is with regret and sadness that I forward information from Ann Fessenden, AALL President of the passing of Professor Roy M. Mersky, Professor of law and Director of the University of Texas Tarlton Law Library and Jamail Center for Legal Research since 1965. I have known and from time-to-time worked with Professor Mersky during the past 25 years and will miss him greatly. For more information please click here

Posted On: May 14, 2008

ABA Criminal Justice Section 2008 Spring Conference

Click here for highlights, audio and photos related to the Conference.

Posted On: May 14, 2008

Book Review: On The Laps of Gods: The Summer of 1919 and the Struggle for Justice that Remade a Nation

From time to time we hope to post book reviews on this blog. Philip Blue our Senior Law Librarian has just written a very interesting review of a fascinating book. We hope you enjoy both the review and the book:

TITLE: ON THE LAPS OF GODS
SUBTITLE: The Red Summer of 1919 and the Struggle for Justice That Remade a Nation
AUTHOR: Robert Whitaker
PUBLICATION DATE: June 2008
PUBLISHER: Crown Publishers
PAGE COUNT: 400 pp.
ISBN: 978-0-307-33982-9
PRICE: $24.95
Dewey #: 976.7/88052 $2 22

Whitaker is the award-winning author of The Mapmaker’s Wife and Mad in America. His manuscript of On the Laps of Gods won the prestigious J. Anthony Lukas Work-in-Progress Award. A journalist who usually writes on topics in popular science and medicine plunges full-force into the legal and historical significance of a U.S. Supreme Court decision overlooked by contemporary historians. Moore v. Dempsey, 261 US 86 (1923) concerned an appeal from five blacks who were convicted of murder in the first degree and sentenced to death by the Court of the State of Arkansas. The convictions stemmed from a 1919 Arkansas race riot in which a white man was killed and several people of both races were injured. Whitaker shows how NAACP attorneys struggled to defend the accused in the face of an all-white jury, prosecution witnesses who were whipped if they didn't lie, a mob outside the courthouse threatening violence if there were no convictions, court-appointed defense attorneys who refused to call any witnesses, and a trial and deliberation that took less than an hour! Whitaker carefully traces the progress of the defendants' federal appeal all the way up to a Supreme Court dominated by a group of crusty old men, a few of whom had a heart and mind to see through the sham of Arkansas justice, overturn the state court ruling, and set the men free. He praises Oliver Wendell Holmes, noting in particular the influence of the Boston Brahmin on the other justices, who finally agreed with Holmes that "counsel, jury and judge were swept to the fatal end by an irresistible wave of public passion." Whitaker also notes the exemplary work of Scipio Africanus Jones, an NAACP attorney born a slave, whose effective arguments about the evolutionary theory of 14th Amendment interpretation, turned the tide in favor of the defendants. Highly recommended for academic and law libraries.

Philip Y. Blue, New York State Supreme Court Criminal Branch Law Library, First Judicial District, New York, New York

Posted On: May 13, 2008

National Launch of Self Representation Leadership Package, September 8-10, 2008

The following e-mail was received from Richard Zorza, Access to Justice:

As many of your have heard, in September 2008, the Self-Represented Litigation Network will be launching its leadership package entitled: Court Leadership and Self-Represented Litigation Solutions for Access, Effectiveness, and Efficiency.

Following the model of last years successful judicial conference at Harvard, the launch, to be held at the Court Solutions Conference sponsored by the National Center for State Courts, held in Baltimore on September 8-10 will provide an opportunity for groups of leaders to come together and learn about, and practice the use of leadership tools for innovation for the self-represented.

Attendees will leave the Launch Gathering with a leadership and educational package customizable for training throughout their state or in their courts, and with experience in using that package. The Package will include the customizable tools and resources for self-assessing courts, and for supporting the multi-disciplinary teams that can then implement the specific innovations that will improve access for the self-represented.

Attendees will be expected to prepare "learning by doing" activities, in which they will practice with their peers the use of elements of the package to foster leadership and the implementation of specific solutions. It is the philosophy of the project that attention to the specifics of solutions in the context of an overall vision, will provide the most effective and convincing tools and leadership for innovation.

The Conference is open to the court and access to justice communities. State court Chief Justices and State Court Administrators have already been invited to send teams, but attendance is not limited to these groups.

This gathering provides an ideal opportunity for state and court leaders to hone their vision, focus their strategy, and obtain and become skilled in the use of leadership materials for implementation.

The modules to be presented and launched are:

? Court Self-Diagnosis and Strategies for Getting a Court Moving (Including Funding Issues)
? Establishing and Operating Self Help Centers
? Designing and Modifying Physical Space for Access
? Establishing Justice Corps and Volunteer Programs
? Training and Supporting Clerks for Access
? Developing and Deploying Forms and Instructions
? Deploying Automated Forms for Access
? Setting Up Case Management for the Self-Represented
? Working with Judicial Leadership
? Courtroom Staffing and Services for Access
? The Court Role in Establishing and Supporting Discrete Task Representation
? Supporting and Integrating Law Library Services
? Distance Service Technology
? The Limited English Proficiency Challenge
? Developing Systems to Facilitate and Ensure Compliance with Court Orders

For additional information, a general description and one page flyer have been posted on www.selfhelpsupport.org at http://www.selfhelpsupport.org/library/folder.194209-2008_Court_Leadership_Package_Launch.
For answers to specific questions, contact Richard Zorza, richard@zorza.net, 202-549-1128.

To register, go to www.courtsolutions.org

Posted On: May 9, 2008

AALL State-by-State Survey and Report on Authentication of Online Legal Resources

An Introduction*

David Badertscher

How trustworthy are state-level primary legal resources on the Web? The American Association of Law Libraries (AALL) published the State-by-State Report on Authentication of Online Legal Resources (Authentication Report) that answers this very important and timely question. The comprehensive report examines and draws conclusions from the results of a state survey that investigated whether government-hosted legal resources on the Web are official and capable of being considered authentic. The survey was conducted by the Access to Legal Information Committee of AALL. For a quick overview, the Authentication Report's Executive Summary provides an excellent introduction to some of the underlying issues and facts surrounding the pressing and timely issue of the authenticity of state primary digital legal materials.

The Authentication Report follows the publication in 2003 of AALL's State-by-State Report on Permanent Public Access to Electronic Government Information that researched and reported what, if anything, state governments were doing to meet the enormous challenges of ensuring permanency and public accessibility of government information on the Web. The Permanent Public Access Report raised national awareness and encouraged states to take steps to ensure permanent public access to electronic state government information. As a result, several states have enacted legislation requiring permanent public access.

The trustworthiness of online legal resources is fundamental to permanent public access and is inherently a matter of great concern to the legal community. Thus, AALL undertook its investigation of the authenticity of online legal resources in 2006-2007 as an important follow-up and corollary to the Permanent Public Access Report.

The Authentication Report presents the findings of a survey that targeted six sources of law: state administrative codes and registers, state statutes and session laws, and state high and intermediate appellate court opinions. The summary answer to the question of the trustworthiness of these online legal resources is that a significant number of state online resources are official but none are authenticated or afford ready authentication by standard methods. State online primary legal resource are, therefore, not sufficiently trustworthy.

AALL's Authentication Report raises concerns that must be addressed by the states, both as high-level policy decisions and practical matters. AALL believes that the Authentication Report will serve as a guide for states to correct smaller-scale deficiencies in their current dissemination of online legal resources and to initiate long-term progress toward the all-digital legal information environment that will enhance each state's fundamental interaction with its citizens.

The Authentication Survey's findings indicate that while some states are beginning to address issues discussed in the AALL Authentication Report, the government publishers of electronic legal information have not been sufficiently deliberate in their policies and practices to ensure that information obtained from their websites can be relied upon and can be verified to be complete and unaltered when compared with the version approved or published by the content originator. Such verification is an essential prerequisite if digital legal resources are to be trustworthy and truly merit both official and authentic status.

Achieving an acceptable level of authenticity and trustworthiness requires appropriate authentication procedures. Standard methods of authentication may include encryption, digital signatures and public infrastructure but other methods to adopt best practices are also possible. Certification and other types of formal endorsement of legal resources are a vital link in the "chain of custody" involved in dissemination, maintenance, and long-term preservation of digital legal information. That chain may contain a link to computer technologies that guarantee the very copy delivered to one's computer screen is uncorrupted and complete or it may be part of other archival methods.

The authentication survey and report are not the only steps AALL has taken to address this issue. It convened a National Summit on Authentication of Digital Legal Information near Chicago where approximately fifty delegates from the judiciary, the legal community, state governments, and interested organizations, all of whom share AALL's concern about ensureing the authenticity of digital legal information, participated in discussions about the Authentication Report findings and explored legal and technological solutions to ensure that state online legal resources are authenticated and trustworthy.

As mentioned earlier, the state survey upon which the findings in the Authentication Report are based, was conducted by the Access to Legal information Committee of AALL. That Committee is continuing to help address these issues and concerns in a variety of ways, including developing guidelines for ensuring greater authenticity of information on government websites and continuing to monitor the progress of state-by-state efforts related to address issues and concerns noted in the Authentication Report. To further these efforts AALL and its members would like to build alliances with states to help overcome legislative and technical obstacles to providing residents of each state with permanent access to reliable official legal information on the web.
________________________________
* This Introduction was written by David Badertscher on behalf of the AALL Access to Electronic Legal Information Committee (AELIC). Members of AELIC for 2007-2008 are: Joan Shear (Chair), Pauline S. Afuso, David G. Badertscher, Thomas R. Boone, Jane Edwards, Emily M. Janoski-Haehlen, Ann H. Jeter, William D. Rees, Karen W. Silber, Steven P. Anderson (Board Liaison) and Mary Alice Baish (Staff Liason). Special thanks to Karen Silber for reviewing a draft of the above material and offering editorial suggestions which have been incorporated into this posting.

Posted On: May 9, 2008

News From Region 1 of the New York State Archives


Newsletter No. 5 of 2008

2008-2009 LGRMIF Grant Applications:

I know that many of you are wondering about the status of your 2008-2009 grant application. Here is where we are now: The first step in the review process, the formal evaluation by outside reviewers and staff members, was recently completed. All reviewers had to evaluate and score each proposal assigned to them and return it to the State Archives by April 18th. This information is now being compiled and shared with the other Members of each panel. Those panels, which are organized by grant category, meet on May 14th to make final recommendations on funding to be forwarded to the Commissioner of Education, who by state law authorizes all grant awards.

Applicants whose proposals were not funded will be notified in early June so, if you do not receive one of these letters, you know that your proposal will receive at least some funding, but not how much. Final award letters are due to be sent out by the end of June, if the awards have also been approved by the Division of the Budget and the Office of the State Comptroller. As many of you know from past experience, these additional approvals sometimes require more
time. Although time-consuming, our process goes to great lengths to be fair, impartial and to make the best possible use of available grant funds.

Workshops:

(Please note that workshops have been scheduled beginning March 2008 through July 2008. While the post-April workshops are listed here for your information, please hold off sending in your registrations because our newly-updated registration module can only accept registrations through June)

"All workshops are open to all who are interested in attending. To register, go to and click on "Workshops" on the left. Send Miki Torres an e-mail with your name, affiliation, phone number, and email address with the title and date of the workshop. We will contact you to confirm and complete the registration. Directions will be sent in the mail within a week of the workshop date. Contact <ARCHTRAIN@mail.nysed.gov> if you have questions about our workshops. Stay tuned for the full spring workshop schedule coming to our website in March 2008."

Disaster Planning & Response for Records Management Wednesday, May 21, 2008 from 9 AM to 1PM at 55 Hanson Place, 1st Floor Conference Room,
Brooklyn, NY. Disasters are all too common in New York State. Each year, records are damaged and information is lost as a result of floods, arson, fires, collapsed roofs, or computer viruses. This workshop will focus on:

• How to analyze your organization’s risk of experiencing a disaster
• How to reduce the chances that a disaster will destroy your records
• How to prepare your organization for a disaster
• How to respond to a disaster safely and effectively

Conducting a Needs Assessment or Business Process Analysis Thursday, June 19, 2008 from 9 AM to 1 PM at 55 Hanson Place, Room 346, Brooklyn, NY. A successful records management program functions under the well-founded belief that strong controls, if thoughtfully designed, can save money and time. One of the essential controls is careful planning of any system prior to implementation. This workshop will focus on the necessary steps to establish any new records management system, from inactive storage facilities to complex electronic recordkeeping systems. Issues to be examined include:

• The difference between a needs assessment and a business process analysis (BPA)
• How to decide whether to do a needs assessment or a BPA, and when
• The essential principles behind both needs assessments and BPA’s
• Steps to follow when conducting a needs assessment or BPA
• Steps to follow to implement the changes recommended by a needs assessment or BPA

Managing Maps & Plans Wednesday, July 16, from 9 AM to 1 PM at MTA: Office of the Inspector General, 111 West 40th Street, 5th Floor Conference Room
Manhattan, NY. Many organizations have difficulty dealing with large-format records, such as maps and architectural plans. The storage and retrieval of these records can be very difficult, yet many of them have long retention periods and are essential to the management of the organization. This workshop will focus on:

• Analysis of issues involving the management of maps and plans
• Solutions to common problems associated with these records
• Storage techniques; ways to improve access and retrieval; and preservation

11th Annual NYC FOIL Session: Robert Freeman, Executive Director of the Committee on Open Government, New York State Department of State, and well-known Freedom of Information Legislation (FOIL) expert, will conduct the session on Monday, June 23rd, from 1 to 4 PM at the conference room of the New York City Economic Development Corporation, 110 William Street, 4th floor, Manhattan.

I highly recommend that Records Management Officers and FOIL Officers attend the FOIL sessions because FOIL and records management issues are frequently very closely related. Response to FOIL requests requires efficient access to the records requested. Further, New York State FOIL legislation requires that agencies maintain a “FOIL listing” of records; the records retention and disposition schedules that the Records Management Officer is required to work with can easily serve this requirement.

News from the State Archives:
State Archives Supports 2008 MayDay Initiative: The New York State Archives supports the preservation community’s MayDay Call to Action. In 2006 the Society of American Archivists established this annual event to help remind institutions – and individuals – to develop and update our emergency preparedness plans.
We urge families to:
• Begin developing an emergency plan. Your family may not be together should disaster strike, so plan how you would contact one another.

• Conduct a drill to ensure that everyone understands the plan.
• Make sure that there are sufficient supplies on hand for emergencies: food, water, bedding; batteries, self-powered lights and radios; spare batteries.
For your personal family collections:
• Consider which items have the greatest value, either monetary or sentimental.
• Which of these may have been stored in a basement vulnerable to seasonal flooding, or in a rented storage unit? Are there alternatives available?
• Consider storing your precious items in boxes, a simple step which can provide a good measure of protection.
Many additional measures are suggested at SAA’s web site www.archivists.org/mayday/. And for the Council of State Archivists’ excellent manual entitled “Rescuing Family Records: A Disaster Planning Guide”, see this website http://www.statearchivists.org/prepare/families.htm
After Hurricanes Katrina, Wilma, and Rita and our own recent regional flooding and ice storms, we know we must be ready for the unexpected. Please join the State Archives in taking just one or two steps to better protect ourselves and our personal collections.

New York City Records Management Conference
New York City Records Managers Brown Bag Lunches: In keeping with the city-wide philosophy that directs the work currently managed by Fred Grevin at the New York City Department of Records, I am very pleased to announce a related project. You are all invited to Brown Bag Lunches to be held at 31 Chambers Street, Room 209 on a monthly basis. You bring your own lunch and we will either focus on a specific topic (such as the current draft e-mail guidelines the State Archives is developing) or any other topic or speaker. This is a wide-open opportunity to bring your ideas, experiences, questions, etc. to a welcoming forum where we all share dialogue.

Miki will send out the first notices – hopefully within the next few weeks – to invite you to the first session. Anyone with questions, ideas, etc., etc., and so forth (as the Yul Brenner used to say in that wonderful film, The King & I) please do not hesitate to contact Brenda or Miki.

Preserving the American Historical Record needs your help! The Partnership for the American Historical Record Task Force is seeking calls and letters to members of the House of Representatives to urge them to sign on to the “Preserving the American Historical
Record” legislation, which will be introduced soon by Congressman
Maurice Hinchey (D-NY, 22nd district). The Congressman would like to
have as many co-sponsors as possible before introducing the bill.
Current sponsors are: Jerrold Nadler (D-NY 8th), John McHugh (R- NY
23rd), Sanford Bishop (D-GA 2nd), Carolyn Maloney (D-NY 14th), and
Edolphus Towns (D-NY 10th).

This legislation is essential to the continued funding of the many cultural and historical programs that enrich our cultural heritage.

It is critical that we work now to enlist as many Members of Congress
as possible to sign on to the bill - and that the co-sponsors represent
a diversity of states and both parties. (The current list of sponsors
is heavily weighted to the East Coast and the Democratic party.)

It is essential that House members know that this bill is of concern to
their constituents so that they WILL sign on. Your efforts will ensure
that your Congressperson has this bill on his or her “radar.”

Here’s how you can help:

Contact the members of Congress who represent your region and tell them
how important this bill will be to your state. Please encourage others
to do so as well. Genealogists, local government officials, researchers
of all kinds, teachers, veterans, and even your favorite aunt can make
the case.

To facilitate this, we have posted a number of items on the Web at www.archivists.org/pahr

Resources
NEDCC ANNOUNCES PRESERVATION 101 - THE NEW ONLINE PRESERVATION COURSE: THE NORTHEAST DOCUMENT CONSERVATION CENTER (NEDCC) is proud to offer
PRESERVATION 101, a free, comprehensive, self-paced online course on
The preservation of paper collections and related formats.

THE COURSE IS ACCESSIBLE FREE OF CHARGE at www.preservation101.org, and is intended to benefit professionals who are responsible for the preservation of library and archival materials. Participants will learn how to put preservation basics to work in the context of small and moderately- sized collections - how to identify deteriorated materials, how to care for collections, and how to set priorities for preservation.

THE NORTHEAST DOCUMENT CONSERVATION CENTER is a nonprofit, regional conservation center specializing in the preservation and conservation of paper-based materials for libraries, archives, museums, and other collections-holding institutions.

For more information about NEDCC and its extensive online resources on
preservation, visit: www.nedcc.org

Professional Organizations

Archivists Round Table of Metropolitan New York: April meeting not yet listed. For information go to http://www.nycarchivists.org


ARMA, NYC Metro Chapter ARMA, NYC Metro Chapter’s next meeting will be on Wednesday, May 14th, from 5:30 to 8 PM at the Harvard Club, 35 West 44th Street, Manhattan. The speaker, Don Oppenheimer, will trace of evolution of records management from the days of “hard copy” through today’s collaborative workspace. You will take away a better understanding of the value of Wiki’s, Blogs, and Web 2.0 technology. For more information contact Frank LaSorsa at flasorsa@kelleydrye.com

News for Educators
Curate Your Own Exhibition at The New York Public Library, July 22 – July 25, 2008:

Learning at the Library, K-12 education outreach at the New York Public Library, will be offering $1,000 stipends to eight New York City area K-12 teachers to curate online exhibitions this summer, using materials from the NYPL Digital Gallery. Working with NYPL staff, educators will select images and research and create their own exhibitions. Participants will use a web-based publishing system to mount their exhibitions.

This work will unfold over the course of a week-long residency from July 22 – July 25, 2008. A portion of this time will be devoted to curator talks, collection visits and hands-on training for

teachers on conducting research in the Library. During the remainder of the time, participants will have the free use of our computer classrooms. Library staff will be available for consultation during this time for research assistance. Participants are also welcome to conduct research at any one of the four Research Libraries – The Humanities and Social Sciences Library, the Library for the Performing Arts, the Schomburg Center for Research in Black Culture, and the Sciences, Industry and Business Library. The week will culminate with a presentation of individual exhibitions on Friday.

The guidelines for the exhibition are as follows. The show must:
Incorporate at least forty items, each with museum labels of approximately two hundred words,
Contextualize the forty items with museum or chat labels of at least five hundred words,
Be supported with at least three pages (one thousand words) of support our guide copy, and
Support some aspect of the New York State Learning Standards.

We also hope that this seminar will be a starting point for participants’ future research; that participating teachers will continue to use our collections and these projects to spawn new work, and that participants will continue to call upon the Library and our staff throughout their teaching career.

To apply, please send an informal, one-page proposal including your contact information, position, school and topic by Friday, May 30 at 5:00 PM to Samantha Seeley, Education Outreach Assistant, The Research Libraries, Fifth Avenue and 42nd Street, New York, NY 10018. (212) 930-0086

Stay tooned!

Anyone wishing further information – you know where to find us!

718-923-4300 bparnes@mail.nysed.gov for Brenda
718-923-4301 mtorres@mail.nysed.gov For Miki

New York State Archives Web Site: http://www.archives.nysed.gov
Archives Partnership Trust Web Site: http://www.nysarchives.org


Download Your Free Screensaver from the Archives: Enjoy historic images from the Archives’ outstanding collection of photographs. Go to: http://www.nysarchives.org/g/screensaver/index.shtml

Posted On: May 9, 2008

Global Business Law Conference: Frankfurt Germany May 29-30, 2008

ABA Section on Business Law

Specialized Cyberspace and Technology Programming
Sponsored by: Committee on Cyberspace Law

Web 2.0: Wikis, Blogs, Mash-Ups and Avatars; or, The Explosion of User Generated Content and the Legal Challenges That Arise -

Data Security Breach Incidents: The Law in the E.U., U.S. and Globally and How Businesses Should Prepare for the Crisis -

Committee Forum: The Internet Governance Forum of the United Nations - Implications for Business and the Future of the Internet -

For more information click on Conference Website

Posted On: May 9, 2008

ABA Journal Weekly Newsletter May 9, 2008

Top Ten Stories:

Careers
How Rookie Lawyers Can Avoid Big Mistakes
May 8, 2008, 06:48 am CDT
"Most new lawyers make some mistakes, but some are worse than others, such as throwing huge tantrums, hiding errors and sending flaming e-mails. Steven Bennett, a partner at Jones Day and the author of The Path to Partnership, offers advice"

Personal Lives
'Totally Driven' Lawyer's Suicide a Wake-Up Call for Others
May 5, 2008, 03:45 pm CDT

Legal Ethics
Accused of Padding Timesheets, N.Y. Lawyer Quits Part-Time Job & Law Firm
May 5, 2008, 02:35 pm CDT

Legal Ethics
'Pants Suit' Judge Back in Court, Now Suing for Job and $1 Million
May 6, 2008, 06:51 pm CDT

Criminal Justice
Prominent London Lawyer Killed in Police Shootout
May 7, 2008, 11:26 am CDT

Law Firms
Firms Err When They Treat Pregnant Lawyers 'as Bellies,' Lawyer Says
May 7, 2008, 06:55 am CDT

Legal Ethics
Phila. Judge Booted from Bench Over 24-Year-Old Use of Bogus SS#
May 6, 2008, 06:00 pm CDT

Intellectual Property Law
Magazine Compiles Top 50 List of Young IP Lawyers
May 6, 2008, 07:12 am CDT

Law Firms
Cadwalader Shrinks Summer Associate Program
May 5, 2008, 07:25 am CDT

Labor & Employment
Lawyers Drugged at Bingham Events, Ex-Associate Says
May 8, 2008, 12:08 pm CDT

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Posted On: May 8, 2008

Paperless Progress

BY Keith Ecker

FROM: InsiderCounsel Magazine April 2008 Issue

Excerpt:

"Many lawyers believe the nature of their profession necessitates the hoarding of paper—a lot of paper—a misconception that through time has made them the enemy of tree"...

"Thanks to the advent of certain technologies, in-house counsel don’t have to be paper packrats anymore. Document imaging, e-billing software and matter-management systems have become much more commonplace in the corporate environment, and all help lawyers reduce their carbon footprint. This helps save the environment and also save on costs. "...

“ 'What I find most striking is that the most expensive course a law department can take is printing everything and being paper-centric,” says Ross Kodner, president of MicroLaw, a legal technology consultancy. “Focusing on building electronic case and matter files actually yields the least expensive operating approach, not to mention the inherent greenness. It just makes sense from all perspectives.' ”

To read the entire article click here.

Posted On: May 6, 2008

Take the Lead: AALL Leadership Academy

Take the Lead:
AALL Leadership Academy
October 3-4, 2008
Hyatt Lodge
2815 Jorie Blvd
Oak Brook, Illinois 60523

REGISTER ONLINE NOW!

Registration Deadline: June 30, 2008

Law librarians in the early stages of their careers can get ahead in the profession by attending the first AALL Leadership Academy, October 3-4, 2008.

Train for leadership roles by acquiring both the self-awareness and strategies you need to merge as a leader within your organization and the profession. Academy participants will use self assessment tools, group exercises, case studies, and skill practice to develop eight key signatures of leadership. You Will Gain Key Leadership Strategies:

Identify and capitalize on your unique strengths while understanding how they may differ from others on your team.

Frame productive questions to understand your role in your workplace and the profession.

Expand your capacity for strategic thinking and decision mapping.

Increase your visibility, using meetings, speeches, and memos to show the value you bring to your organization.

Learn to work effectively with varied personalities and bridge generations.

Grow your capacity for creativity, innovation, and fresh ideas.

Build trust by translating your values into a vision for your leadership and organization.

Enhance your ability to embrace change.

Faculty:

The program will feature speaker Dr. Barbara Mackoff, leadership educator and widely-acclaimed expert in understanding the way leaders think. She is the author of five books, has been featured on "The Today Show" and "All Things Considered," as well as in The New York Times, USA Today, and the Washington Post, and was a keynote speaker for the Special Libraries Association.


Application and Selection

The academy application process is open to AALL members. Applications are accepted May 1-June 30, and 35 fellows will be selected and notified by mid-August. Applications will be accepted online and a link to the application will be available on this page beginning May 1. Interested applicants will be asked to outline professional experience, explain career/professional goals and give detail about participation and service to the profession.

Interested applicants should seek to obtain two professional recommendations (at least one from someone in a supervisory or managerial role). Please request your recommendations be sent to AALL Education Manager Celeste R. Smith at csmith@aall.org.

Selected fellows will participate in pre-engagement exercises, have an opportunity to obtain a mentor, and receive ongoing leadership development opportunities.

The cost of attendance will be $150.00. It will cover two nights of hotel, meals and academy materials. Fellows are responsible for covering transportation.

We would like to thank BNA for its sponsorship of the AALL Leadership Academy.

Posted On: May 6, 2008

Practicing Law Institute: Hot Topic Briefings for May

Accounting Briefings - May

FAS 161 and FAS 133: Where Are We Now and Where Are We Going? : May 6


Corporate and Securities:

Say-on-Pay: Solution or Bigger Problem? : May 22

ETFs — Changes in the Regulatory Landscape : May 28


Corporate Compliance - May

PLI/Ethisphere Compliance Series: Global Perspectives on FCPA: South America : May 21


Employment Briefings - May

Sarbanes-Oxley Whistleblower Law: Significant Developments and Analysis of Trends : May 19


Green Law Briefings - May

Trading Carbon Credits in the EU: What U.S. Companies Need to Know : May 20


Privacy Briefings - May

Testing the Privacy Impact of Marketing Initiatives Before Going Live : May 12


For additional information regarding course descriptions and registration, click here.

Posted On: May 5, 2008

Web Based Services at the New York Supreme Court Criminal Term Library, New York County*

by: David Badertscher

For those who have not visited us, the New York Supreme Court Criminal Term Library of New York County (sometimes referred to as the New York Criminal Law Library) is located in lower Manhattan near the Brooklyn Bridge, City Hall, and State and Federal courthouses. Like other Supreme Court libraries located throughout the State of New York, it operates under the
auspices of the New York Unified Court System and participates in the various state-wide initiatives sponsored by the OCA Office of Legal Information.

Although the primary focus of this library is to provide reference and research support to personnel of the Criminal Term, its actual responsibilities and obligations are quite broad. Using its various collections in all formats, including digital, in conjunction with various web and online services, including a website and a weblog, this library functions as both an information repository and an information service. These resources and services enable it to reach out to patrons both local and worldwide, as time and resources permit. Part of the library's responsibility is to provide support as needed and operational oversight to the New York County Public Access Law Library, which is charged with serving those members of the public who need law-related information.

In order to discharge these responsibilities with limited staff, it has been necessary for the library to work cooperatively with library consortia and other groups to provide the added resources and services required to maintain an acceptable level of service. One of the organizations that has been especially helpful to us is the Metropolitan New York Library Council (METRO). The library has been a member of METRO since 1981. It was through METRO that we first learned of QuestionPoint and were invited to participate in a 2002 pilot project. With some initial apprehension we accepted the offer and became an active participant in the latter part of that year. The New York County Public Access Access Law Library has also been very helpful in enabling this library to maintain an acceptable level of web based reference services. Since may of our QuestionPoint users are public patrons a majority of those questions are now handled by that library; Theodore Pollack, the Senior Law Librarian at the Public Access Library also serves as my backup administrator for QuestionPoint. We are grateful for the assistance of Ted and his staff in helping support this effort.

Despite some initial reservations that we might not be able to keep up with expectations and workflow, the use of QuestionPoint has been quite successful for us. It serves as a useful and important adjunct to our other web based services in both reaching out to our patrons and through its referral features. It enables us to augment our resources in ways otherwise impossible. For example on more than one occasion we have used QuestionPoint to search worldwide for materials that would otherwise have been unobtainable. In order to make it work for us, however, we have needed to avoid some of the features that are essential to others. We do not use chat or any form of instant messaging because we simply do not have the appropriate staff resources to make this work satisfactorily for us. We have not, however, found the lack of chat a limitation at all.

Over the past few years many libraries, including this one, have been involved in lively discussions as to how best to respond to demands for digitized information which can be retrieved at any time from a variety of devices, both stationary and mobile. After some experimentation, our response has included the use of blogging technology coupled with rss feeds. In 2004 we introduced the New York Supreme Court Criminal Term Library blog powered by Bloglines, http://www.bloglines.com/blog/pll . It incorporates many features including a link to our QuestionPoint form for submitting reference questions, RSS feeds, and the capability of storing online reference, legislative, and other information useful to patrons. This blog based outreach service also serves as a vehicle for sending New York Legislative Activity Reports, updated information regarding appellate court criminal decisions originating from this court, and other relevant updated information directly to the work stations of judges and judicial staff on a regular, ongoing basis. It is popular with both court personnel and public users and remains our most effective outreach service on the web. As of April 29, 2008 it is visited by an average of 153 patrons per day and 1,069 per week. We obtain this and additional statistical information through special software designed to collect statistical information regarding website use. Reports are sent to me weekly.

Although the New York Supreme Court Criminal Term blog remains both useful and popular, we have found it necessary to also create a new blog, www.criminallawlibraryblog.com, to take advantage of added features which cannot be incorporated effectively into the original blog. For example, the new blog includes both a QuestionPoint form for submitting questions and a direct link to the public portion of the QuestionPoint knowledgbase. Using this feature, users are able to type in key words which will in turn retrieve questions/answers in the knowledgbase which correspond to their queries. The global knowledgbase feature is located near the upper left part of the screen of our newest blog. This particularly innovative feature has been developed and included as a direct result of the inspiring online QuestionPoint presentation this summer by Peter Armenti of the Digital Reference Team at the Library of Congress. This blog also includes the capability for uploading documents not currently on the web, a useful feature not included in the original blog. Finally, the Criminal Law Library Blog has substantially greater search capabilities. In order to adequately describe the added features included in the Criminal Law Library Blog, we are calling it an "added value blog."

We are encouraged by the positive responses from library patrons both inside and outside the courts to these services. These responses along with statistics gathered and staff observations demonstrate that by introducing these initiatives along with others sponsored by the Office of Legal Information, the library has been able to meet reference, research, and access needs of patrons far more effectively than in the past. Our hope is to be able to continue developing web based services and to work together with others to improve access and services for all of our libraries. Recently I have taken classes offered by the Unified Court System in the setting up and use of WIKI's, preparing and tabulating web based surveys, aa well training in the development of public access applications using specialized web based software. Only time will tell if we are able to inplement additional services using these applications.
_____________________________________
*This posting is based on an article recently prepared for publication in a future issue of Pro Se the newsletter of the New York State Unified Court Law Libraries Association.

Posted On: May 5, 2008

Results of Survey: Library Use of E-Books

Primary Research Group has published Library Use of E-books, 2008-09 Edition, (isbn 1-57440-101-7) and would like to share some of the results. *

Data in the report is based on a survey of 75 academic, public and special libraries.. Librarians detail their plans on how they plan to develop their e-book collections, what they think of e-book readers and software, and which e-book aggregators and publishers appeal to them most and why. Other issues covered include: library production of e-books and collection digitization, e-book collection information literacy efforts, use of e-books in course reserves and inter-library loan, e-book pricing and inflation issues, acquisition sources and strategies for e-books and other issues of concern to libraries and book publishers.

Some of the findings of the 110 page report are:

• Libraries in the sample expected to renew over 77% of their current contracts.

• Well over 81% of the sample cataloged their e-book collection and listed it in their online library catalog.

• E-book spending by libraries is growing rapidly in 2008 but by significantly less than in 2007.

• For the most part, librarians in the sample felt that their patrons were less skilled in using e-book collections than they were in using databases of magazine, newspaper and journal articles.

• The libraries in the sample had MARC records for a mean of approximately 74% of the e-books in their collections.

• Many libraries reported significant use of electronic directories. 12.5% reported extensive use and 30% said that use was significant. The larger libraries reported the heaviest use.

• Use of e-books in the hard sciences was particularly high. More than 30% of participants said that use of e-books in the hard sciences (defined as chemistry, physics and biology) was quite extensive and another 26% noted significant use.

• Libraries in the sample maintained a print version for a mean of 24% of the e-books in their e-book collections.

• Nearly 21% of the libraries in our sample have digitized out-of-copyright books in their collections in order to make their contents more available to their patrons.

• E-books account for only about 3.9% of the books on course reserve, with a minimum of 0 to a maximum of 30%.

• Nearly 70% of the sample’s total spending on e-books was with aggregators, while just over 24.6% of the total spending was spent with individual publishers.

Data is broken out by library budget size, for US and non-US libraries and for academic and non-academic libraries. The report presents more than 300 tables of data on e-book use by libraries, as well as analysis and commentary.

For further information view our website at www.PrimaryResearch.com.
____________________________________
*It would be interesting to know how many, if any, of the respondents to this Survey were law libraries. While doing some work in related legal reference information in digital formats, I was suprised at how few references I found which mentioned e-books.
David Badertscher

Posted On: May 5, 2008

New York Chapter Law List as of May 4, 2008

The following is a list of New York legislation that has been passed by both houses of the legislature and signed by the governor (Chapter Laws) as of May 4, 2008.:

DayBreak Report: Chapter Law List Run Date: 05/04/08 10:22 PM

Chapter Bill No.:


1. S6422 NOZZOLIO -- Relates to the confinement conditions and treatment of convicted persons with serious mental illness; repealer
BLURB : Cor. confinement of mentally ill
Chapter Signed Date Effective Date
1 01/28/2008 provided that:
(a) §§1, 2, 3, 4 and 5 and subds 2 and 3 of §401-a of the correction law as added by §6 shall take effect two years after the date that the commissioner of correctional services certifies to the legislative bill drafting commission that the first residential mental health unit constructed by the department of correctional services is completed and ready to receive inmates, provided, however that such sections shall take effect no later than 7/1/2011;
(b) §§6 and 7 shall take effect 7/1/2008; and
(c) the commissioner of mental health and the commissioner of correctional services are immediately authorized to promulgate rules and regulations necessary to implement the provisions of this act on their respective effective dates

Last Act: 01/28/08 SIGNED CHAP.1
01/28/08 APPROVAL MEMO.1

2 S6423A NOZZOLIO -- Exempts county jails from the requirement to divert inmates with serious mental illness to a residential mental health treatment unit
BLURB : Cor. county jail: mentally ill
Chapter Signed Date Effective Date
2 01/28/2008 takes effect on the same date and in the same manner as §4 of chapter 1/2008, amending the correction law and the mental hygiene law relating to confinement conditions and treatment of convicted persons with serious mental illness, as proposed in legislative bills numbers S.6422 and A.9342, takes effect
Last Act: 01/28/08 SIGNED CHAP.2

3 S6477 PADAVAN -- Relates to distributing unsolicited advertising on private property in cities with a population of one million or more
BLURB : Gen Bus L. unsolicited advertisng
Chapter Signed Date Effective Date
3 01/28/2008 provided that §1 shall take effect on (11/13/2007) the same date and in the same manner as chapter 585/2007, takes effect
Last Act: 01/28/08 SIGNED CHAP.3

4 S6487B MAZIARZ -- Relates to a review of the condition of cafeterias in school districts of N.Y. city; repealer
BLURB : Lab. school cafeterias; NYC; rvw
Chapter Signed Date Effective Date
4 01/28/2008 provided that §2 shall expire 3/2/2008 when upon such date the provisions of such section shall be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.4

5 S6495 MALTESE -- Relates to provisional employees of certain public employers
BLURB : Civ Serv. provisional employees
Chapter Signed Date Effective Date
5 01/28/2008 and shall expire 12/31/2014 when upon such date the provisions of this act shall be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.5

6 S6509 LEIBELL -- Provides a real property tax exemption for Cold War veterans
BLURB : RPT L. Cold War vet; exempt
Chapter Signed Date Effective Date
6 01/28/2008 takes effect on (1/03/2008) the same date and in the same manner as chapter 655/2007, takes effect
Last Act: 01/28/08 SIGNED CHAP.6

7 A8582A Alessi (MS) -- Relates to the prevailing wage paid by individuals who are awarded public works contracts
BLURB : Lab. prevailing wage
Chapter Signed Date Effective Date
7 01/28/2008 takes effect on (4/27/08) the ninetieth day after it shall have become a law
Last Act: 01/28/08 signed chap.7
01/28/08 approval memo.2

8 S6519A FLANAGAN -- Relates to guaranteeing payment of prevailing wages to the workers of New York state; repealer
BLURB : Lab. prevailing wages for workers
Chapter Signed Date Effective Date
8 01/28/2008 takes effect on (4/27/08) the same date and in the same manner as a chapter of the laws of 2007 (became Ch. 7/08), amending the labor law and the general municipal law relating to guaranteeing payment of prevailing wages to the workers of New York state, as proposed in legislative bills numbers S. 5506-A and A. 8582-A, takes effect; provided that the amendments to subpars (iii) and (iv) of par a of subd 3-a of §220 of the labor law made by §3-a shall take effect on (2/24/08) the same date and in the same manner as chapter 629/2007, takes effect, when upon such date the provisions of §3 shall expire and be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.8
01/28/08 APPROVAL MEMO.2

9 S6549 FUSCHILLO -- Relates to special academic grants to the Roosevelt Union Free school district; makes an appropriation to defray the deficit of such school district
BLURB : ED L. Roosevelt UFSD; grants
Chapter Signed Date Effective Date
9 01/28/2008 01/28/2008
Last Act: 01/28/08 SIGNED CHAP.9

10 S6773 ROBACH -- Relates to compensation benefits and other terms and conditions of employment of certain state officers state officers and employees; repealer;appropriation
BLURB : Civ Serv. comp benefits
Chapter Signed Date Effective Date
10 01/28/2008 provided that the applicable effective date for Parts A through B shall be as specifically set forth in the last section of such Part
PART A
§ 27. immediately and shall be deemed to have been in full force and effect on and after 4/2/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
PART B
§18. immediately and shall be deemed to have been in full force and effect on and after 4/1/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
Last Act: 01/28/08 SIGNED CHAP.10

11 A9817 John -- Relates to rates for workers' compensation insurance and sets forth conditions for a workers' compensation rate service organization; repealer
BLURB : Work C. workers' comp rate servc
Chapter Signed Date Effective Date
11 01/28/2008 takes effect 2/1/2008; provided that the amendments to par 2 of sub§ (a) of §2316 of the insurance law made by §11 shall take effect on the same date that §68 of chapter 6/2007 takes effect; provided that the amendments to §2316 of the insurance law made by §11 shall not affect the expiration of such section pursuant to §2342 of the insurance law and shall be deemed expired therewith; and provided that §10 shall expire and be deemed repealed 6/2/2013.
Last Act: 01/31/08 signed chap.11

12 A9551A Towns (MS) -- Relates to extending the provisions of chapter 591 of 2001 relating to limiting the check cashing exemption for national banks
BLURB : Banking; extd 591/01; check cash
Chapter Signed Date Effective Date
12 02/11/2008 02/11/2008
Last Act: 02/11/08 signed chap.12
02/11/08 approval memo.3

13 A9650 Schimminger (MS) -- Extends the sales and compensating use tax for the county of Erie until November 30, 2010
BLURB : Tax. Erie county sales tx; extndr
Chapter Signed Date Effective Date
13 02/11/2008 02/11/2008
Last Act: 02/11/08 signed chap.13

14 S5978A LIBOUS -- Extends provisions relating to rental vehicle provisions
BLURB : Motov extnds rentl vehcl provis
Chapter Signed Date Effective Date
14 02/19/2008 02/19/2008
Last Act: 02/19/08 SIGNED CHAP.14

15 S6446A GOLDEN -- Makes certain corrections relating to substantial government assistance, continued affordability, and certain other areas relating to real property
BLURB : RPT L. real property ch amendment
Chapter Signed Date Effective Date
15 02/19/2008 provided that §§ 1, 5 and 7 shall be deemed to have been in full force and effect on (8/17/07) the same date and in the same manner as ch 619/2007 took effect; and provided that §§ 2, 3, 4, 6 and 8 shall be deemed to have been in full force and effect on (8/17/07) the same date and in the same manner as ch 618/2007 took effect
Last Act: 02/19/08 SIGNED CHAP.15

16 A9340A Aubry -- Makes a technical amendment relating to the probation detainer warrant pilot program
BLURB : CP L. detainer warrant pilot: cor
Chapter Signed Date Effective Date
16 02/19/2008 provided that the amendments to subd 2 of § 410.92 of the criminal procedure law made by § 1 shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith
Last Act: 02/19/08 signed chap.16

17 A9443 Bradley -- Relates to the tax on real estate transfers in towns
BLURB : Tax. real estate trnsfrs in towns
Chapter Signed Date Effective Date
17 02/19/2008 takes effect on (1/1/08) the same date and in the same manner as ch 596/2007, takes effect
Last Act: 02/19/08 signed chap.17

18 A9998 Pretlow (MS) -- Relates to racing corporations and associations; simulcasting and imposition of certain taxes
BLURB : RWB. racing corporations
Chapter Signed Date Effective Date
18 02/19/2008 provided, that §§ 14 and 16 shall take effect on the same date as the non-profit racing association known as The New York Racing Association, Inc.'s confirmation of a plan of reorganization in the pending
bankruptcy proceeding in the Southern District of New York; provided that the franchise oversight board shall notify the legislative bill drafting commission upon the occurrence of such confirmation of such plan of reorganization in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of § 44 of the legislative law and § 70-b of the public officers law; provided that the amendments to § 208-b of the racing, pari-mutuel wagering and breeding law made by § 16 shall be repealed on the same date as such section is repealed pursuant to ch 354/2005, as amended; provided that the amendments to para b of subd 3 of §527 of the racing, pari-mutuel wagering and breeding law made by § 69 shall not affect the expiration of such subdivision and shall be deemed to expire therewith; and provided the amendments to § 909 of the racing, pari-mutuel wagering and breeding law made by § 82 shall not affect the repeal of such section and shall be deemed to be repealed therewith; provided that the amendments to § 912 of the racing, pari-mutuel wagering and breeding law made by § 85 shall not affect the expiration and repeal of such section and shall be deemed to expire therewith; provided that the amendments to § 1012 of the racing, pari-mutuel wagering and breeding law made by § 93 shall not affect the expiration of such section and shall be deemed to expire therewith; provided that §101 shall take effect 4/1/2008; provided that at the conclusion of each twelve month interval following the effective date of § 101, the lottery division shall make a report to the governor and legislature assessing the impact of the redistribution of video gaming machine revenues as provided for in this act with special attention to evaluating the effects on funding education aid, and making such recommendations as such lottery division analysts believe may enhance the revenue production in support of education from the conduct of video gaming; and §102-a shall take effect on (1/1/09) the first of January next succeeding the date on which it shall have become a law; and the amendments to § 1617-a of the tax law, made by §102, shall not affect the repeal of such section and shall be deemed repealed therewith
Last Act: 02/19/08 signed chap.18

19 A9820 Abbate (MS) -- Establishes retirement programs to permit members of the New York city teachers' retirement system and certain others to retire early without a reduction
BLURB : R & SS. nyc tchrs retire incntve
Chapter Signed Date Effective Date
19 02/27/2008 provided that:
(a) the amendments to §§ 603 and 613 of the retirement and social security law made by §§3, 3-a, 4 and 6 and the provisions of §5 adding §604-i to the retirement and social security law shall not affect the expiration of and shall expire on the same date as article 15 of such law, pursuant to §615 of the retirement and social security law;
(b) the amendments to subd a of §603 of the retirement and social security law made by §3 shall be subject to the expiration and reversion of such subdivision pursuant to §13 of chapter 682/2003, as amended, when upon such date the provisions of §3-a shall take effect;
(c) the provisions of §§6, 7, 8, 9, 10, 11, 12 and 13 shall remain in force and effect only so long as, pursuant to federal law, contributions picked up under such sections are not includible as gross income of a member for federal income tax purposes until distributed or made available to the member;
(d) the amendments to §13-521.1 of the administrative code of the city of New York made by §§7, 8, 9 and the amendments made to subd 19 of §2575 of the education law made by §§10, 11, 12 and 13 shall not affect the expiration of such provisions as provided for in chapter 681/1992, as amended; and
(e) the amendments to subd d of §613 of the retirement and social security law made by §6 shall not affect the expiration of such subdivision and shall be deemed to expire therewith
Last Act: 02/27/08 signed chap.19
02/27/08 approval memo.4

20 S6421A LIBOUS -- Relates to occupants of school buses between four and seven years of age
BLURB : V & T L. schl bus; 4 to 7 yr olds
Chapter Signed Date Effective Date
20 03/04/2008 takes effect on (11/1/07) the same date as chapter 241/2007 took effect
Last Act: 03/04/08 SIGNED CHAP.20

21 A6344B Gunther (MS) -- Requires policy holders to be provided with an annual notice that their policy does not cover damage caused by flooding or mudslides
BLURB : Ins. flood insurance annual notic
Chapter Signed Date Effective Date
21 03/04/2008 takes effect on (8/31/08) the one hundred eightieth day after it shall have become a law
Last Act: 03/04/08 signed chap.21

22 A8813A Weprin -- Enacts the fraternal benefit society modernization act of 2008
BLURB : Ins. fraternal beneft soc moderni
Chapter Signed Date Effective Date
22 03/04/2008 03/04/2008
Last Act: 03/04/08 signed chap.22

23 A8925 Cahill -- Relates to adding the Esopus creek to the list of state creeks
BLURB : Exec. Esopus creek added
Chapter Signed Date Effective Date
23 03/04/2008 03/04/2008
Last Act: 03/04/08 signed chap.23

24 A9357A Ortiz -- Chapter amends S. 6159-A and A. 9191, relating to residential services for the treatment of eating disorders; repealer
BLURB : Pub Heal. residential: eating dis
Chapter Signed Date Effective Date
24 03/04/2008 and shall be deemed to have been in full force and effect on (8/28/07) the same date as chapter 676/2007; provided, further that the amendments to subd 2-a of §2799-h of the public health law made by §1 shall not affect the repeal of such subdivision and shall be deemed repealed therewith
Last Act: 03/04/08 signed chap.24

25 A9419 Glick -- Provides that no person shall stun to facilitate the killing of a fur-bearing animal by means of an electrical current
BLURB : Ag & Mkts. fur-bearing animals
Chapter Signed Date Effective Date
25 03/04/2008 takes effect on (10/27/07) the same date as chapter 642/2007 takes effect
Last Act: 03/04/08 signed chap.25

26 A9462 Sweeney (MS) -- Relates to the New York invasive species council
BLURB : En Con L. NY invasve species cncl
Chapter Signed Date Effective Date
26 03/04/2008 takes effect on (12/26/07) the same date and in the same manner as chapter 674/2007, takes effect
Last Act: 03/04/08 signed chap.26

27 S4324B MAZIARZ -- Enacts the Great Lakes - St. Lawrence River Basin Water Resources Compact
BLURB : En Con L. Grt Lks/St. Law compact
Chapter Signed Date Effective Date
27 03/04/2008 except that this act shall be deemed repealed on 12/31/2011, if before such date the congress of the United States has not given its consent and approval to the Compact. This act shall be deemed repealed in the event that the Compact is terminated as provided in article 8 of the Compact
Last Act: 03/04/08 SIGNED CHAP.27

28 A9387A Destito -- Increases income eligibility levels for persons employed by Green Thumb Environmental Beautification, Incorporated
BLURB : Exec. Green Thumb; employ income
Chapter Signed Date Effective Date
28 03/17/2008 and shall apply only in the case of persons who apply for employment after such effective date
Last Act: 03/17/08 signed chap.28

29 S6404 MALTESE -- Relates to the membership of the New York city transit authority track safety task force
BLURB : Tran. nycta track safety tsk frce
Chapter Signed Date Effective Date
29 03/17/2008 takes effect on (10/1/07) the same date and in the same manner as chapter 209/2007, takes effect; provided that if this act shall become a law after such effective date, it shall take effect immediately and be deemed to have been in full force and effect on and after such effective date
Last Act: 03/17/08 SIGNED CHAP.29

30 S6447 MAZIARZ -- Clarifies state and local sales and compensating use tax exemptions applicable to city of Niagara Falls public safety and court facility project
BLURB : Niagara Falls pblc sfty/crt prjct
Chapter Signed Date Effective Date
30 03/17/2008 shall be deemed to have been in full force and effect on and after 8/1/2007 and shall apply in accordance with applicable transitional provisions in §§1106 and 1217 of the tax law
Last Act: 03/17/08 SIGNED CHAP.30

31 S6490 NOZZOLIO -- Relates to permitting employees to use leave time to donate blood
BLURB : Lab. blood donation; leave time
Chapter Signed Date Effective Date
31 03/17/2008 takes effect on (12/13/07) the same date and in the same manner as chapter 578/2007, as amended, takes effect
Last Act: 03/17/08 SIGNED CHAP.31

32 S6552 HANNON -- Adds additional members to the health research science board and provides for their appointment
BLURB : Pub Heal. research science board
Chapter Signed Date Effective Date
32 03/17/2008 and shall be deemed to have been in full force and effect on and after 8/28/2007
Last Act: 03/17/08 SIGNED CHAP.32

33 A10039 Gunther (MS) -- Increases the dollar amount of bonds which may be issued by the medical care facility finance agency
BLURB : NYS med care facil finac agency
Chapter Signed Date Effective Date
33 03/25/2008 03/25/2008
Last Act: 03/25/08 signed chap.33

34 A10199 Budget -- Deficiency budget; makes appropriations for the support of government
BLURB : Deficiency budget
Chapter Signed Date Effective Date
34 03/26/2008 and shall be deemed to have been in full force and effect on and after 4/1/2007
Last Act: 03/26/08 signed chap.34

35 A10200 Budget -- Amends chapter 57 of the laws of 2007 relating to authorizing certain payments and transfers
BLURB : Ch. 57/2007 authorize payments
Chapter Signed Date Effective Date
35 03/26/2008 and shall be deemed to have been in full force and effect on and after 4/1/2007
Last Act: 03/26/08 signed chap.35

36 A10052 Gottfried -- Extends provisions of chapter 426/1983 and 582/1984 relating to regulations of physician activities and physician misconduct proceedings
BLURB : Pub Heal. extend chap. provisions
Chapter Signed Date Effective Date
36 03/31/2008 provided however that the amendment to subpar (ii) of par (c) of subd 11 of §230 of the public health law made by §3 shall not affect the expiration of such subpar and shall be deemed to expire therewith
Last Act: 03/31/08 signed chap.36

37 A10418 Rules -- Enacts into law major components of legislation necessary to implement the state fiscal plan for the 2008-2009 state fiscal year
BLURB : Budget emergency approp art VII
Chapter Signed Date Effective Date
37 03/31/2008 shall be deemed to have been in full force and effect on and after 4/1/2008; provided that this act shall expire upon enactment of legislation constituting the 2008-2009 budget, when, upon such date, the provisions of this act shall expire and be deemed repealed
Last Act: 03/31/08 signed chap.37

38 A10419 Rules -- Makes appropriations for the support of government
BLURB : Budgbi appr.support of government
Chapter Signed Date Effective Date
38 03/31/2008 shall be deemed to have been in full force and effect on and after 4/1/2008; provided that upon the transfer of expenditures and disbursements by the comptroller as provided in §10, the appropriations made by this act and subject to such section shall be deemed repealed.

Last Act: 03/31/08 signed chap.38

39 S7300 LITTLE -- Authorizes the distribution of certain amounts to counties and cities
BLURB : Stat dist cert amts
Chapter Signed Date Effective Date
39 03/31/2008 03/31/2008
Last Act: 03/31/08 SIGNED CHAP.39

40 A9401 Gunther -- Authorizes the submission of the security plan for a museum containing knives that are unlawful to possess to the police department or sheriff's office
BLURB : Ed L. knife museum: security plan
Chapter Signed Date Effective Date
40 04/07/2008 takes effect on (2/11/08) the same date and in the same manner as chapter 510/2007 takes effect
Last Act: 04/07/08 signed chap.40

41 S6331A MALTESE -- Relates to annual statements of disclosure for any city with a population of one million or more
BLURB : Gen Mun. disclosure state; 1 mil
Chapter Signed Date Effective Date
41 04/07/2008 and shall apply to annual statements of financial disclosure required to be filed for the calendar year 2007
Last Act: 04/07/08 SIGNED CHAP.41

42 S6641 GOLDEN -- Requires a school nurse or physician to administer nebulizers in accordance with a student's patient specific order
BLURB : Ed L. nebulizers
Chapter Signed Date Effective Date
42 04/07/2008 takes effect on the same date as chapter 672/2007(check chapter for contingencies), takes effect
Last Act: 04/07/08 SIGNED CHAP.42

43 S6650 FARLEY -- Relates to extending certain provisions of chapter 729 of 1994 relating to health insurance benefits and contributions of retired employees of school districts
BLURB : ch 729/1994; extender
Chapter Signed Date Effective Date
43 04/07/2008 takes effect 5/15/2008; provided if this act shall become a law after such date it shall take effect immediately and shall be deemed to have been in full force and effect on and after 5/15/2008
Last Act: 04/07/08 SIGNED CHAP.43

44 A10484 Rules -- Makes appropriations for the support of government
BLURB : Budgbi appr.support of government
Chapter Signed Date Effective Date
44 04/07/2008 and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that upon the transfer of expenditures and disbursements by the comptroller as provided in §9, the appropriations made by this act and subject to such section shall be deemed repealed
Last Act: 04/07/08 signed chap.44

45 A6011D Pretlow (MS) -- Relates to assaults on city marshals, traffic enforcement officers and traffic enforcement agents and makes certain technical corrections
BLURB : Pen L. asslt NYC traff enf agents
Chapter Signed Date Effective Date
45 04/23/2008 takes effect on (7/22/08) the ninetieth day after it shall have become a law
Last Act: 04/23/08 signed chap.45

46 A9471 Weisenberg -- Requires the department of health to establish criteria for determining which foods and food products may pose a significant choking risk in children; repealer
BLURB : Pub Heal. child food choking prev
Chapter Signed Date Effective Date
46 04/23/2008 and shall be deemed to have been in full force and effect on (8/28/07) the same date as chapter 628/2007 took effect
Last Act: 04/23/08 signed chap.46

47 A9473 John -- Relates to compliance with new regulations for safety equipment for certain firefighters
BLURB : safety equip; firefighters
Chapter Signed Date Effective Date
47 04/23/2008 04/23/2008
Last Act: 04/23/08 signed chap.47

48 A10105 Rosenthal -- Permits the City Center of Music and Drama, Inc. to rename the New York State Theater building; repealer
BLURB : NYS Theater building; rename
Chapter Signed Date Effective Date
48 04/23/2008 04/23/2008
Last Act: 04/23/08 signed chap.48

49 A10270 Abbate -- Establishes compensation, benefits and other terms for certain state officers and employees; repealer; appropriation
BLURB : Civ Serv. est comp benfts state
Chapter Signed Date Effective Date
49 04/23/2008 and shall be deemed to have been in full force and effect on and after 4/2/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
Last Act: 04/23/08 signed chap.49

50 S6800D BUDGET -- Public protection & general government
BLURB : Pub.prot.&gen.govt.
Chapter Signed Date Effective Date
50 04/23/2008 deemed effective 4/1/2008
Last Act: 04/23/08 SIGNED CHAP.50

51 S6801B BUDGET -- Legislative and Judiciary
BLURB : Leg and Jud Budget
Chapter Signed Date Effective Date
51 04/09/2008 and shall be deemed to have been in full force and effect on and after 4/1/2008

Last Act: 04/09/08 SIGNED CHAP.51

52 S6802A BUDGET -- Makes appropriations for the legal requirements of the state debt service and lease purchase payments and other special contractual obligations
BLURB : State Debt
Chapter Signed Date Effective Date
52 03/26/2008 03/26/2008
Last Act: 03/26/08 SIGNED CHAP.52

53 S6803D BUDGET -- Education,Labor & Family Assiatance
BLURB : Educ., Lab,& Fam Assist
Chapter Signed Date Effective Date
53 04/23/2008 and shall be deemed to have been in full force and effect on and after 4/1/2008, except §§3, 4, and 5 shall take effect on the same date as such chapter of the laws of 2008, takes effect
Last Act: 04/23/08 SIGNED CHAP.53

54 S6804D BUDGET -- Health & Mental Hygiene
BLURB : Health & Mental Hygiene
Chapter Signed Date Effective Date
54 04/23/2008 deemed effective 4/1/2008
Last Act: 04/23/08 SIGNED CHAP.54

55 S6805D BUDGET -- Transportation & Economic Development & Environmental Conservation
BLURB : Trans. & Ec. Dev. & En Con
Chapter Signed Date Effective Date
55 04/23/2008 and shall be deemed to have been in full force and effect on and after 4/1/2008, except §3 shall take effect on the same date as such chapter of the laws of 2008, takes effect
Last Act: 04/23/08 SIGNED CHAP.55

56 S6806C BUDGET -- Enacts into law major components of legislation necessary to implement the public protection and general government budget for the 2008-2009 state fiscal plan
BLURB : Budgbi; pub prot & gen govt
Chapter Signed Date Effective Date
56 04/23/2008 provided that the applicable effective date of Parts A through EE of this act shall be as specifically set forth in the last section of such Parts
PART A
§ 4. immediately
PART B
Intentionally omitted
PART C
Intentionally omitted
PART D
§ 12. immediately, provided that the amendments to §380.70 of the criminal procedure law and to subd (a) of §601 of the correction law made by §§3 and 9 shall be subject to the expiration and reversion of such provisions pursuant to subd d of §74 of chapter 3/1995, as amended, when upon such date the provisions of §§4 and 10 shall take effect
PART E
Intentionally Omitted
PART F
§ 2. takes effect on (6/22/08) the sixtieth day after it shall have become a law and shall apply to bids issued on or after the first day of the calendar quarter next succeeding the date on which this act shall have become law; provided that the provisions of this act shall not apply to contracts for the purcha se of commodities, services, or technology from small businesses, as defined in §160 of this article, until 7/1/2008, and shall apply to bids issued on or after the first day of the calendar quarter next succeeding such date
PART G
§ 2. immediately
PART H
Intentionally omitted
PART I
§ 2. immediately and shall expire and be deemed repealed 12/31/2014
PART J
Intentionally omitted
PART K
Intentionally Omitted
PART L
Intentionally omitted
PART M
§ 6. immediately and shall be deemed to have been in full force and effect on and after 3/31/2008
PART N
Intentionally omitted
PART O
§ 12. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that §§1, 2, 4, 6 and 8 shall be deemed to have been in full force and effect on and after 4/1/2007
PART P
Intentionally omitted
PART Q
Intentionally omitted
PART R
Intentionally omitted
PART S
Intentionally omitted
PART T
Intentionally omitted
PART U
Intentionally omitted
PART V
Intentionally omitted
PART W
§ 2. immediately
PART X
§ 4. immediately provided that §§1 and 2 shall be deemed to have been in full force and effect on and after 4/1/2007
PART Y
§ 3. immediately and shall be deemed to have been in full force and effect on (2/16/05) the same date as part F of chapter 56/2004, took effect
PART Z
§ 2. immediately
PART AA
§ 2. immediately, provided if this act takes effect on or after 6/30/2008 this act shall be deemed to have been in full force and effect on and after 6/30/2008
PART BB
§ 2. immediately
PART CC
§ 3. immediately
PART DD
§ 3. takes effect 7/1/2008 and shall apply to offenses committed on or after such date; provided that the amendments to subd 1 of §1809 of the vehicle and traffic law made by §2 shall not affect the expiration of such subdivision and shall be deemed to be repealed and expire therewith
PART EE
§ 2. takes effect 8/1/2008 and shall apply to offenses committed on and after such date
Last Act: 04/23/08 SIGNED CHAP.56

57 S6807C BUDGET -- Enacts into law major components of legislation necessary to implement the education, labor and family assistance budget for the 2008-2009 state fiscal plan
BLURB : Budget ELFA ART VII
Chapter Signed Date Effective Date
57 04/23/2008 § 3. provided that the applicable effective date of Parts A through CCC-1 of this act shall be as specifically set forth in the last section of such Parts
PART A
§ 7. immediately; provided that §2 shall be deemed to have been in full force and effect on and after 4/1/2008; and provided further that the amendments to §211-d of the education law made by §2 shall first apply to contracts for excellence for the 2008-2009 school year
PART B
§ 51. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that:
1. §§7, 13, 16, 17, 18, 19, 22, 24, 25, 26, 28, 29, 29-a, 31, 32, 36, 37, 43, 45, 46, and 49 shall take effect 7/1/2008, provided that the amendments to subd 6 of §4402 of the education law made by §31 shall not affect the repeal of such subdivision and shall be deemed repealed therewith; provided, further, that the amendments to chapter 756/1992, relating to funding a program for wo rk force education conducted by the consortium for worker education in New York city, made by §§36 and 37 shall not affect the repeal of such chapter and shall be deemed repealed therewith;
2. §§5, 6, 8 through 12, 15-a, 21 and 49-a shall be deemed to have been in full force and effect on and after 7/1/2007;
3. intentionally omitted;
4. §23 takes effect 7/1/2008 and shall expire and be deemed repealed 6/30/2010;
5. §27 shall take effect on the same date as the reversion of par b of subd 2 of §3612 of the education law, as provided in §61 of part B of chapter 57/2007; and
6. §47 shall be deemed to have been in full force and effect on and after 4/1/2008 and be deemed repealed 3/31/2009
PART C
§ 4. immediately, except that §2 shall take effect 7/1/2010, when upon such date all authority vested in the board of regents immediately prior to the effective date of §3012-b of the education law shall be reinstated thereto
PART D
Intentionally omitted
PART E
Intentionally omitted
PART F
Intentionally omitted
PART G
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART H
Intentionally omitted
PART I
§ 3. immediately
PART J
Intentionally omitted
PART K
§ 2. immediately and shall be deemed to have been in full force and effect on and after 12/31/2007
PART L
Intentionally omitted
PART M
§ 4. immediately
PART N
§ 6. takes effect 7/1/2008
PART O
Intentionally omitted
PART P
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART Q
§ 2. immediately and shall apply to basic STAR rebates issued for the 2008-09 school year and subsequent school years
PART R
§ 3. immediately
PART S
§ 2. immediately
PART T
Intentionally omitted
PART U
Intentionally omitted
PART V
Intentionally omitted
PART W
&# 167; 6. immediately, provided that §1 shall apply to the administration of the STAR exemption on assessment rolls to be completed in 2008 and thereafter, and that the state board of real property services is hereby authorized and directed to compute and recertify any certified STAR exempt amounts that are not in compliance with §1; and provided further that §4 shall apply to the issuance of "Middle Class STAR" rebates on and after 4/1/2008
PART X
3. takes effect 12/31/2008, and shall apply to benefits and allowances in months beginning after such date; provided that the amendments to par (e) of subd 1 of §131-o and par (g) of subd 2 of §209 of the social services law, made by §§1 and 2, shall not affect the expiration of such paragraphs and shall be deemed to expire therewith
PART Y
Intentionally omitted
PART Z
§ 6. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that:
(a) the o ffice of temporary and disability assistance is immediately authorized to promulgate any and all rules and regulations, and take any other measures necessary for the timely implementation of the provisions of this act on its effective date, and is specifically authorized to promulgate emergency regulations to implement the collection of the annual service fee from persons receiving child support services pursuant to subd 3 of §111-g of the social services law, as added by §1;
(b) the annual service fee established by subd 3 of §111-g of the social services law, as added by §1, shall not be collected from persons receiving child support services and the state shall be responsible for any portion of such fee owed to the federal government until the deduction of the fee from child support disbursements can be accomplished in an automated fashion;
(c) §§2 and 3 shall take effect 10/1/2008;
(d) §§2-a and 3-a shall take effect 1/1/2010; and (e) §§4 and 5 shall take effect 10/1/2009; and the amendments made by §§4 and 5 shall only apply to applications made on or after 10/1/2009
PART AA
§ 2. immediately
PART BB
§ 2. immediately and shall expire 4/1/2009 when upon such date the process of this act shall be deemed to be repealed
PART CC
Intentionally omitted
PART DD
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART EE
§ 2. immediately and shall expire and be deemed repealed on 4/1/2009
PART FF
§ 2. immediately, and shall expire and be deemed repealed 3/31/2011
PART GG
§ 4. immediately
PART HH
§ 2. immediately
PART II
§ 2. immediately
PART JJ
Intentionally omitted
PART KK
§ 2. takes effect on (4/23/08) the same date and the same manner as §5 of part O of Chapter 56/08, amending the state finance law relating to special aid and incentives to municipalities as pr oposed in legislative bill numbers S. 6806-C and A. 9806-C, takes effect
PART LL
§ 2. immediately
PART MM
§ 20. takes effect 7/1/2008, and shall control all contracts advertised or solicited for bid on or after the effective date of this act under the provisions of any law requiring contracts to be let pursuant to provisions of law amended by this act
PART NN
§ 4. immediately
PART OO
§ 21. immediately and shall be deemed to have been in full force and effect on 4/1/2008; provided that:
a. §3 takes effect on (4/23/08) the same date and in the same manner as §33 of part B of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
b. §4 takes effect on (4/23/08) the same date and in the same manner as §45 of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
c. §5 takes effect on (4/23/08) the same date and in the same manner as §45-a of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
d. §6 takes effect on(4/23/08) the same date and in the same manner as §13 of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
e. §7 takes effect on (4/23/08) the same date and in the same manner as §14 of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year , as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
f. §8 takes effect on (4/23/08) the same date and in the same manner as §14-a of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
g. §9 takes effect on(4/23/08) the same date and in the same manner as §14-b of part C chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
h. §10 takes effect on (4/23/08) the same date and in the same manner as §14-c of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, ta kes effect;
i. §11 takes effect on (4/23/08) the same date and in the same manner as §17 of part B of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
j. §12 takes effect on (4/23/08) the same date and in the same manner as §72 of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
k. §15 takes effect on (4/23/08) the same date and in the same manner as §75-c of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
l. §18 takes effect on (4/23/08) the same dat e and in the same manner as §44-b of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
m. §19 takes effect on (4/23/08) the same date and in the same manner as §18 of part C of chapter 58/08, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
n. §20 takes effect on (4/23/08) the same date and in the same manner as §32 of part A of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
o. §16 takes effect 1/1/2009 and shall expire and be deemed repealed 3 years after such effective date; and
p §17 takes effect 3/31/2009
PART PP
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART QQ
§ 7. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART RR
§ 51. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that the amendments to subd 6 of §4 and subd 4 of §40 of the state finance law made by §§15 and 16 shall expire on the same date such subdivisions expire; and provided that §34 shall take effect on the same date as the reversion of §69-c of the state finance law as provided in §58 of part T of chapter 57/2007, as amended; provided that such amendments shall expire and be deemed repealed 3/31/2010; and provided that §§1, 3, 4, 14 and 18 through 27 shall expire 3/31/2009 when upon such date the provisions of such sections shall be deemed repealed
PART AA-1
 67; 6. immediately and shall apply to taxable years beginning on or after 1/1/2008
PART BB-1
§ 2. immediately
PART CC-1
§ 3. immediately; provided the commissioner of taxation and finance is authorized to promulgate regulations on an emergency basis pursuant to subd 6 of §202 of the state administrative procedure act, in order to implement the provisions of §2
PART DD-1
§ 2. immediately
PART EE-1
§ 4. immediately and shall apply to taxable years beginning on or after 1/1/2008
PART FF-1
§ 18. immediately and shall apply to taxable years beginning after 2007 and before 2011; provided the provisions of this act shall be deemed repealed 1/1/2011 for taxable years beginning on or after 1/1/2011
PART GG-1
§ 2. immediately and shall apply to taxable years beginning on or after 1/1/2008
PART HH-1
§ 13. immediately and apply to taxable years beginning on or after 1/1/2008; provided that the amendments to sub§ 4 of &# 167;618 of the tax law made by §4 shall expire on the same date as such subsection expires, when upon such date the provisions of §5 shall take effect; provided that the amendments to subd 4 of §11-1718 of the administrative code of the city of New York made by §11 shall expire on the same date as such subdivision expires, when upon such date the provisions of §12 shall take effect
PART II-1
§ 7. immediately
PART JJ-1
§ 5. immediately and shall apply to taxable years beginning on or after 1/1/2009
PART KK-1
§ 2. takes effect 9/1/2008, and shall apply to sales made, uses occurring and services rendered on or after such date, in accordance with applicable transitional provisions in §§1106 and 1217 of the tax law
PART LL-1
§ 2. takes effect 11/1/2008, and apply to certificates of registration required to be filed under section 1134 of the tax law on or after such date
PART MM-1
§ 7. takes effect 7/1/2008; p rovided that any tobacco product manufacturer required to file a certification between 4/16 and 4/30/2008, under subd 1 of §480-b of the tax law, with respect to cigarettes that are first being defined as cigarettes as a result of the amendments made by this act, must file that certification no later than 7/1/2008
PART NN-1
§ 2. immediately.
PART OO-1
§ 3. immediately and shall apply to sales made, uses occurring, and services rendered on or after the date this act shall have become a law in accordance with applicable transition provisions in §§1106 and 1217 of the tax law and without regard as to the date the seller and the resident entered into the agreement described in §1. Provided that the term "the preceding four quarterly periods ending on the last day of February, May, August, and November" as used in §1 may include quarterly periods commencing prior to the effective date of this act
PART PP-1
§ 4. immediately; provided that the amendments to par (v) of subd 1 of §284 of the multiple dwelling law made by §2 shall not affect the repeal of such section and shall be deemed repealed therewith, pursuant to §3 of chapter 349/1982, as amended
PART QQ-1
§ 4. takes effect 7/1/2008, and shall apply to snuff which first becomes subject to taxation under A 20 of the tax law on or after that date.
PART RR-1
§ 5. takes effect 6/3/2008, and shall apply to all cigarettes possessed in the state by any person for sale and all cigarettes used in the state by any person on or after 6/3/2008
PART SS-1
§ 16. immediately, provided that §§1 through 14 shall take effect 8/1/2008, and shall apply to sales made, uses occurring and services rendered on or after that date in accordance with applicable transitional provisions in §§1106, 1107 and 1217 of the tax law
PART TT-1
§ 2. immediately and apply to offenses committed on and after such effective date
PART UU-1
§ 2. immediately; provided a penalty for failure to electronically file or failure to electronically pay as required under the provisions of this act shall not be imposed for any failure that occurs prior to 60 days succeeding the date on which this act shall have become a law
PART VV-1
§ 2. immediately and shall expire and be deemed repealed 90 days after such date
PART WW-1
§ 6. immediately and applies to taxable years beginning on or after 1/1/2008 and shall apply to applications filed on or after the date it becomes law; provided that the amendments to §24 of the tax law made by §1, subd 36 of §210 of the tax law made by §2 and sub§ (gg) of §606 of the tax law made by §3 shall not affect the repeal of such section, subdivision and subsection, respectively, and shall be deemed to be repealed therewith
PART XX-1
§ 2. immediately
PART YY-1
§ 3. immediately
PART ZZ-1
§ 5. immediately; provided that the empire state film production credit under sub§ (gg), the empire state commercial production credit under sub§ (jj) and the credit for companies who provide transportation to handicapped individuals under sub§ (oo) of §606 of the tax law contained in §2 shall expire on the same date as provided in section 9 of part P of chapter 60/2004, as amended, §10 of part V of chapter 62/2006, as amended and §5 of chapter 522/2006, as amended, respectively; and provided further that the amendments to subd 40 of §210 and sub§ (oo) of §606 of the tax law, made by §§1 and 3, respectively, shall not affect the repeal of such subdivision and subsection and shall be deemed repealed therewith.
PART AAA-1
§ 4. immediately
PART BBB-1
§ 3. immediately
PART CCC-1
§ 3. immediately
Last Act: 04/23/08 SIGNED CHAP.57

58 S6808C BUDGET -- Enacts major components of legislation necessary to implement the health and mental hygiene budget for the 2008-2009 fiscal year
BLURB : Budgbi; HMH Art VII
Chapter Signed Date Effective Date
58 04/23/2008 provided that the applicable effective date of Parts A through I of this act shall be as specifically set forth in the last section of such Parts
PART A
§ 32. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that §§1, 6-a, 19, 20, 24, and 25 take effect 7/1/2008; provided that §§16 and 18 shall expire 4/1/2011; provided that the amendments made by §28 shall take effect on 9/1/08 the same date as §1 of chapter 281/2007 takes effect; provided that §§29, 30, and 31 take effect 10/1/2008; provided that §27 shall take effect 1/1/2009; and provided that §27 shall expire and be deemed repealed 3/31/2011; and provided that the amendments to subd 1 of §241 of the education law made by §29 shall not affect the expiration of such subdivision and shall be deemed to expire therew ith and provided that the amendments to §272 of the public health law made by §30 shall not affect the repeal of such section and shall be deemed repealed therewith
PART B
§ 47. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that:
1. §22-a shall be deemed to have been in full force and effect on and after 4/1/2007;
1-a. §28-b takes effect 4/1/2008 and shall expire 4/1/2011 when upon such date the provisions of such section shall be deemed repealed;
1-b. Any rules or regulations necessary to implement the provisions of this act may be promulgated and any procedures, forms, or instructions
necessary for such implementation may be adopted and issued on or after
the date this act shall have become a law;
2. This act shall not be construed to alter, change, affect, impair or
defeat any rights, obligations, duties or interests accrued, incurred or
conferred prior to the enactment of this act;
3. The commissioner of health and the superintendent of insurance and
any appropriate council may take any steps necessary to implement this
act prior to its effective date;
4. Notwithstanding any inconsistent provision of the state administrative procedure act or any other provision of law, rule or regulation, the commissioner of health and the superintendent of insurance and any appropriate council is authorized to adopt or amend or promulgate on an
emergency basis any regulation he or she or such council determines
necessary to implement any provision of this act on its effective date;
5. The provisions of this act shall become effective notwithstanding
the failure of the commissioner of health or the superintendent of insurance or any cou ncil to adopt or amend or promulgate regulations
implementing this act;
6. The amendments to subpar (iii) of par (c) of subd 9 of §2510 and subpar (iii) of par (a) of subd 2 of §2511 of the public health law made by §§31 and 32, respectively, shall not affect the expiration of such provisions and shall be deemed to expire therewith;
7. The amendments to §2807-j of the public health law made by §§2, 36, 37, 39 and 40 shall not affect the expiration of such section and shall be deemed to expired therewith;
8. The amendments to §2807-s of the public health law made by §§12, 13, 14 and 15 shall not affect the expiration of such section and shall be deemed to expire therewith;
9. The amendments to §2807-t of the public health law made by §§38 and 42 shall not affect the expiration of such section and shall be deemed to expire therewith;
10. The amendments to par (i-1) of subd 1 of §2807-v of the public health law made by §5 shall not affect the repeal of such paragraph and shall be deemed to be repealed therewith;
11. Nothing contained in this act shall be deemed to affect the application, qualification, expiration, reversion or repeal of any
provision of law amended by any section of this act and the provisions
of this act shall be applied or qualified or shall expire or revert or be deemed repealed in the same manner, to the same extent and on the same date as the case may be as otherwise provided by law
PART C
§ 79. immediately and be deemed to have been in full force and effect on and after 4/1/2008; provided that:
(a) the amendments to subd 9 of §367-a of the social services law, made by §§4, 5 and 10, shall not affe ct the expiration and repeal of such subdivision, and shall expire and be deemed repealed therewith;
(b) the amendments to §273 of the public health law, made by §7, shall not affect the repeal of such section, and shall be deemed repealed therewith;
(b-1) provided that the amendments to par (a-2) of subd 1 of §2807-c of the public health law made by §13 shall not affect the expiration of such subdivision and shall be deemed to expire therewith;
(b-2) provided that the amendments to par (b-1) of subd 1 of §2807-c of the public health law made by §14 shall not affect the expiration of such subdivision and shall be deemed to expire therewith;
(b-3) provided that the amendments to §364-j of the social services law made by §14-a shall not affect the repeal of such section and shall be deemed to be repealed therewith;
(c) the amendments to subd 4 of §366-c of the social services law, made by  67;52, shall not affect the expiration of such subdivision and shall expire therewith;
(d) §4 takes effect 7/1/2008;
(e) §5 takes effect 10/1/2008;
(f) §§7 and 9 take effect 7/1/2008;
(g) §15 takes effect 12/1/2008;
(h) §§28 and 30 take effect 4/1/2009;
(i) §31 takes effect 10/1/2008;
(i-1) §31-a shall be deemed repealed 7/1/2011;
(j) §§32 and 33 take effect 7/1/2008;
(k) §§38 and 39 take effect 10/1/2008;
(l) §40 takes effect 1/1/2009;
(m) §46 takes effect 11/1/2008;
(m-1) §52 shall not apply to any person as to whom federal financial participation is available for the costs of services provided under the provisions of subd 4 of §366-c of the social services law in effect immediately prior to the effective date of this act;
(n) §58 takes effect 6/1/2008;
(o) the amendments to subd 6 of §367-a of the social services law made by §9 shall not affect the repeal of such subdivision and shall be deemed repealed therewith;
(p) the amendments to §364-j of the social services law made by §§29 and 30 shall not affect the repeal of such section and shall be deemed repealed therewith;
(q) the amendments to A 2-A of the public health law made by
§§70-a and 75 shall not affect the repeal of such article and shall be deemed repealed therewith;
(r) any rules or regulations necessary to implement the provisions of
this act may be promulgated and any procedures, forms, or instructions
necessary for such implementation may be adopted and issued on or after
the date this act shall have become a law;
(s) this act shall not be construed to alter, change, affect, impair
or defeat any rights, obligations, duties or interests accrued, incurred
or conferred prior to the enactment of this act;
(t) the commissioner of health and the superintendent of insurance and
any appropriate council may take any steps necessary to implement this
act prior to its effective date;
(u) notwithstanding any inconsistent provision of the state administrative procedure act or any other provision of law, rule or regulation, the commissioner of health and the superintendent of insurance and any appropriate council is authorized to adopt or amend or promulgate on an
emergency basis any regulation he or she or such council determines
necessary to implement any provision of this act on its effective date;
(v) the provisions of this act shall become effective notwithstanding
the failure of the commissioner of health or the superintendent of
insurance or any counc il to adopt or amend or promulgate regulations
implementing this act; and
(w) nothing contained in this act shall be deemed to affect the application, qualification, expiration, reversion or repeal of any provision of law amended by any section of this act and the provisions of this act shall be applied or qualified or shall expire or revert or be deemed repealed in the same manner, to the same extent and on the same dates as the case may be as otherwise provided by law
PART D
§ 3. immediately
PART E
§ 2. immediately
PART F
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART G
Intentionally omitted
Part H
§ 2. immediately
PART I
§ 4. immediately; provided that the amendments made to §1 of part C of chapter 57/2006 by §§1, 2 and 3 shall not affect th e repeal of such section and shall be deemed repealed therewith
Last Act: 04/23/08 SIGNED CHAP.58

59 S6809C BUDGET -- Enacts into law major components of legislation which are necessary to implement the transportation, economic development and environmental conservation budget for the 2008-2009 state fiscal year
BLURB : Budget; TED Art VII
Chapter Signed Date Effective Date
59 04/23/2008 immediately provided that the applicable effective date of Parts A through OO of this act shall be as specifically set forth in the last section of such Parts
PART A
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART B
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART C
Intentionally omitted
PART D
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART E
Intentionally omitted
PART F
Intentionally omitted
PART G
§ 4. immediately
PART H
Intentionally omitted
PART I
Intentionally omitted
PART J
Intentionally omitted
PART K
Intentionally omitted
PART L
Intentionally omitted
PART M
Intentionally omitted
PART N
Intentionally omitted
PART O
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART P
Intentionally omitted
PART Q
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART R
§ 4. takes effect 9/30/2008; that the amendments to §159-i of the executive law made by §1 shall not affect the expiration of such section as provided in §5 of ch 728/82, as amended, and §7 of ch 710/83, as amended, and shall be deemed to expire therewith
PART S
§ 8. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART T
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART U
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART V
Intentionally omitted
PART W
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART X
Intentionally omitted
PART Y
§ 8. immediately; provided that the amendments to §§ 183 and 189 of the economic development law, subd 9 of § 186-a of the tax law and subpar 2 of par g of the ninth undesignated par of § 1005 of the public authorities law, made by §§ 1, 2, 3, 5 and 7, shall not affect the expiration of such provisions and shall be deemed repealed therewith
PART Z
Intentionally omitted
PART AA
Intentionally omitted
PART BB
Intentionally omitted
PART CC
Intentionally omitted
PART DD
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART EE
Intentionally omitted
PART FF
§ 3. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART GG
Intentionally omitted
PART HH
§ 3. takes effect 4/1/2008; if this act shall become a law after such date it shall take effect immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; and provided that §§ 1 and 2
shall expire and be deemed repealed 3/31/2009
PART II
§ 3. immediately
PART JJ
§ 2. immediately
PART KK
§ 2. takes effect 4/1/2008; if this act shall become a law after such date it shall take effect immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART LL
§ 7. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART MM
§ 4. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART NN
§ 2. immediately
PART OO
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2006

Last Act: 04/23/08 SIGNED CHAP.59

60 S805B SEWARD -- Relates to foreign investments by life insurance companies
BLURB : Ins. life ins co; foreign investm
Chapter Signed Date Effective Date
60 04/23/2008 04/23/2008
Last Act: 04/23/08 SIGNED CHAP.60

61 S4391B DEFRANCISCO -- Establishes the first Tuesday in May as an annual day of commemoration known as "New York State Teacher Day"
BLURB : Exec. New York state teacher day
Chapter Signed Date Effective Date
61 04/23/2008 takes effect on (5/23/08) the thirtieth day after it shall have become a law
Last Act: 04/23/08 SIGNED CHAP.61

62 S4473 MALTESE -- Requires the industry apparel special task force to submit annual reports to the governor, legislature and chairpersons of legislative labor committees
BLURB : Lab. task force; annual report
Chapter Signed Date Effective Date
62 04/23/2008 04/23/2008
Last Act: 04/23/08 SIGNED CHAP.62

63 S6493 LEIBELL -- Provides technical corrections to chapter 629 of the laws of 2007
BLURB : Lab. written notice of wage rates
Chapter Signed Date Effective Date
63 04/23/2008 takes effect on (2/24/08) the same date and in the same manner as chapter 629/2007, takes effect
Last Act: 04/23/08 SIGNED CHAP.63

64 S6398A DEFRANCISCO -- Provides for a chapter amendment to chapter 606 of the laws of 2007, amending the court of claims act relating to contents of a claim and notice of intention to file
BLURB : Court of claims
Chapter Signed Date Effective Date
64 04/28/2008 04/28/2008
Last Act: 04/28/08 SIGNED CHAP.64

65 A9679 Bradley (MS) -- Authorizes the city of White Plains to impose an additional one-quarter of one percent sales and compensating use tax
BLURB : Tax. city of White Plains
Chapter Signed Date Effective Date
65 04/28/2008 provided that the amendments to subpar (iii) of the opening paragraph of §1210 of the tax law made by §3 shall take effect on (12/1/08) the same date and in the same manner as §5 of chapter 269/2007, takes effect
Last Act: 04/28/08 signed chap.65

66 S6687C SKELOS -- Relates to personal jurisdiction and enforceability of certain foreign judgments in cases involving defamation
BLURB : CPLR. defam; jurisd; enforceabil
Last Act: 04/28/08 SIGNED CHAP.66

Posted On: May 2, 2008

Unusual Judges

The following was first posted on the InChambers weblog compiled by boppanny@aol.com, May 2008.

[From Mark Levin’s book, “Men in Black”]

“Robert C. Grier (U.S. Supreme Court Justice). Appointed by James Polk in 1846, Grier suffered paralysis in 1867 and thereafter began a slow mental decline. Grier’s case is most troubling because he was the swing vote in one of the more important cases of his era, Hepburn v. Griswold, which struck down the law allowing the federal government to print money. “Grier’s demonstration of mental incapacity during the conference discussion was such that every one of his colleagues acknowledged that action had to be taken.”

“Nathan Clifford (U.S. Supreme Court Justice) . Clifford was appointed by James Buchanan in 1858. After a period of mental decline, Clifford suffered a stroke in 1880 just before the beginning of the October term of 1880. ‘Justice Miller described the situation bluntly: ‘Judge Clifford reached Washington on the 8th [of] October a babbling idiot. I saw him within three hours after his arrival and he did not know me or any thing, and though his tongue framed words there was no sense in them.’ Clifford kept his seat until his death in July 1881.”

“Henry Brockholst Livingston (U.S. Supreme Court Justice). Appointed by Thomas Jefferson in 1806, Livingston had killed a man in a duel before his appointment to the Court.”

Posted On: May 2, 2008

Working Group on the Future of Bibliographic Control - Resource Description and Access (RDA)

As information becomes available to us, we post information about the status of various initiatives including the Working Group for Bibliograph Control and RDA. On May 1 we received the following correspondence from Richard Amelung, the AALL representative to this group:

Dear all--

As your AALL representative on the Working Group on the Future of
Bibliographic Control, I have been asked to forward to you the letter
below released today by Deanna Marcum, Associate Librarian for Library
Services, Library of Congress.

Richard Amelung

May 1, 2008

Dear Colleagues,

The Working Group on the Future of Bibliographic Control submitted its
final report, On the Record, to me on January 9, 2008. I have
distributed the document to three groups within the Library of Congress
for analysis and comment. I expect to respond formally to the report in
early June.

On the Record contains more than one hundred recommendations aimed at
the Library of Congress, other specific organizations and entities, and
to the broader library community. In the words of the members of the
Working Group, they envision "a future for bibliographic control that
will be collaborative, decentralized, international in scope, and
Web-based…change will happen quickly, and bibliographic control will be
dynamic, not static." The group urged the readers of the report to view
it as a " 'call to action' that informs and broadens participation in
discussion and debate, conveys a sense of urgency, stimulates
collaboration, and catalyzes thoughtful and deliberative action." The
many recommendations suggest ways in which the necessary systemic change
can take place.

When the Library of Congress issues its response, we will be focusing
on how it will position itself to work in this new, networked, and
collaborative environment, not simply on single recommendations. We
recognize that any cataloging code (AACR2 or the proposed Resource
Description and Access--RDA) is but a part of this environment.

It may seem counterintuitive that we issue a joint statement with our
colleagues from the National Agricultural Library and the National
Library of Medicine on RDA before we issue a full response to On the
Record, but we do so because the international Joint Steering Committee
and the Committee of Principals continue their work, and because so many
librarians are asking about the national libraries' plans to implement
the proposed code.

We are pleased to report that we three libraries have worked together
to establish an approach to the consideration of RDA in the attached
joint statement.

We ask that you bear in mind that it is the entire bibliographic system
that needs to be considered and reworked, and the cataloging code is
only one small piece of the work that lies ahead.

Sincerely,

Deanna B. Marcum
Associate Librarian for Library Services
The Library of Congress


Joint Statement of the Library of Congress, the National Library of
Medicine, and the National Agricultural Library on Resource Description
and Access

May 1, 2008

Leaders of the Library of Congress (LC), the National Library of
Medicine (NLM), and the National Agricultural Library (NAL) met on March
10, 2008 to discuss the recommendation from On the Record: the Report of
the Library of Congress Working Group on the Future of Bibliographic
Control to suspend work on RDA.

The group agreed that the Joint Steering Committee for Development of
RDA's work on Resource Description and Access (RDA) is an important
international initiative that has been underway for several years and is
one that requires continued collaboration with our international
partners who have joined with the United States in a global initiative
to update bibliographic practices to make the library resources more
accessible and useful to users. The participants also agreed that their
decisions whether or not to implement this new standard must be made
jointly. Further, participants agreed that LC, NLM, and NAL have
collective leadership responsibilities to assist the U.S. library and
information community to remain relevant and vital in an increasingly
digital future. Key to this role is providing a broad assessment and
commitment to RDA if they believe this standard will further national
strategic goals for improved bibliographic control and access.

Colleagues from NLM and NAL are most concerned that a systematic review
of RDA has not yet been possible and, given the potential magnitude and
broad impact of the changes, such a review is essential. While draft
chapters of RDA have been available, a clear, concise, and cohesive
understanding of the overall impact of the entire standard is needed.
Until the completion of the rules and the availability of the RDA online
tool, reviewers will not be able fully to assess their impact on:

--Description, access, and navigation practices for a broad array of
users and types of materials

--Current and future electronic carriers and information management
systems to support RDA goals

--Estimated costs for implementation and maintenance during a time of
flat, even reduced, budgets

The three national libraries agreed on the following approach: First,
we jointly commit to further development and completion of RDA. Second,
following its completion, a decision to implement the rules will be
based upon the positive evaluation of RDA's utility within the library
and information environment, and criteria reflecting the technical,
operational, and financial implications of the new code. This will
include an articulation of the business case for RDA, including benefits
to libraries and end users and cost analyses for retraining staff and
re-engineering cataloging processes.

Together, we will:

--Jointly develop milestones for evaluating how we will implement RDA

--Conduct tests of RDA that determine if each milestone has been
reached; paying particular attention to the benefits and costs of
implementation

--Widely distribute analyses of benefits and costs for review by the
U.S. library community

--Consult with the vendor and bibliographic utility communities to
address their concerns about RDA

Included among the tests that will be developed to assist in
formulating implementation decisions:

--Usability testing with cataloging staff, i.e. librarians and
technicians, experienced and newer staff from the three national
libraries in consultation with representatives from the U.S. library
community (including OCLC and library vendors) about its participation
in the process

--Testing of records for a broad array of materials created during
usability studies to determine compatibility with existing record sets
and ensuring records are usable and understandable for our end users

--Testing the feasibility of integrating this new cataloging standard
into all relevant technology systems

The three institutions agreed that these steps will be followed and, if
there is a decision to implement RDA, that the implementation would not
occur before the end of 2009.

The collective resolve is to complete the development of RDA, to
conduct appropriate tests that will inform and involve the broader U.S.
library community as to the utility of the code, and to ensure a product
that is useful, usable, and cost effective. The Library of Congress
will continue to work with its international colleagues on the Joint
Steering Committee for Development of RDA and the Committee of
Principals and keep them apprised of the evaluation progress and
outcomes as the three national libraries, representing their
constituents, undertake the tests outlined above.


--
Richard C. Amelung, Ph. D.
Professor of Legal Research
Associate Director
Saint Louis University Law Library
Tele.: 314-977-2743
Fax: 314-977-3966


Posted On: May 2, 2008

ABA Journal Weekly Newsletter May 2, 2008

TOP TEN STORIES OF THE WEEK:

Legal Ethics

Judge Smacks Law Firms & Partner With $150K Sanctions, But Spares 2 Associates

Apr 29, 2008, 03:14 pm CDT
"A federal bankruptcy judge in Massachusetts has sanctioned two law firms and a name partner a total of $150,000 for incorrectly claiming that their client owned a mortgage that had in fact been reassigned at least twice.."


--------------------------------------------------------------------------------

Law Professors

Law Prof Sues Students, Says They Defamed Him by Calling Him a Racist
May 1, 2008, 05:47 am CDT

Lawyer Pay

Skadden, Wachtell Top AmLaw 100
May 1, 2008, 01:07 pm CDT

Legal Ethics

Lawyer Who Made Snarky Comments Ordered to Write Civility Article
Apr 30, 2008, 06:12 am CDT

Terrorism

Mistakenly Revealed Logbook Has Lawyers Convinced They Are Monitored
Apr 28, 2008, 05:36 am CDT

Legal Ethics

Lawyer Who Wouldn't Stop Talking Suspended From Federal Practice
Apr 30, 2008, 08:41 am CDT

Criminal Justice

Suit By 308-Pound Inmate Says He Is 'Literally Being Starved to Death'
Apr 28, 2008, 07:55 am CDT

Law Firms

Paul Hastings Deals With Aftermath of Secretary's Murder Outside Office
Apr 29, 2008, 06:03 am CDT

Careers

Worried Partners Secretly Seek Business Development Help
Apr 28, 2008, 02:45 pm CDT

Criminal Justice

18th Innocent Man Freed in 1 Texas County; Officials Vow Change
Apr 30, 2008, 06:15 pm CDT


Posted On: May 1, 2008

New York City Suit Dismissed: Gun Manufacturers Found Insulated Under U.S. Law

As reported in an article by Mark Hamblett in the May 1 New York Law Journal, the U.S. Court of Appeals for the Second Circuit dismissed a suit by New York City attempting to hold gun manufactures liable for the flow of illegal arms into the city. In its ruling on April 30 the Second Circuit upheld an act of congress (The Protection of Lawful Commerce in Arms Act) that insulated gun manufacturers from liability "...while upholding that New York's public nuisance law does not fint into an exception in the act". To see the opinion and related documents from Findlaw click on the link below:

CITY OF NEW YORK V. BERETTA U.S.A. CORP., ET AL.
(U.S. 2nd Cir., April 30, 2008) -

Posted On: May 1, 2008

New York Chief Judge Judith Kaye Writes Governor to Deny Slowdown of Judges

From: Vesselin, Mitev and Daniel Wise. " Kaye Writes Governor To Deny Work 'Slowdown' ", New York Law Journal, April 30, 2008. p. 1,6.

"Chief Judge Judith S. Kaye wrote Governor David A. Paterson yesterday to assure him that reports of judicial "slowdown" were 'without basis.' "

"In addition, the court system's Advisory Committee on Judicial Ethics issued an opinion Monday determining that Chief Judge Kaye's recent lawsuit to compel an increase in judicial salaries does not require judges to recuse themselves, but they may do so as a matter of individual conscience...."

Letter from New York Chief Judge Judith Kaye to Governor Paterson Denying Slowdown

See: UCS Advisory Ethics Opnion referenced above